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More than an Ignorant Bystander: Chinese Accountability and the Repatriation of North Korean Defectors

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When it comes to human rights abuses, North Korea is in a category of its own. Since 2003, the General Assembly of the United Nations has annually adopted a resolution to condemn the country’s record. However, it was not until 2013 that the UN’s Human Rights Council created a Commission of Inquiry to investigate the State’s human rights violations. In their 400-page report, the Commission reached two conclusions: first, that North Korea has infringed on its people’s rights on a scale and gravity without parallel in the contemporary world; and second, that it has not acted alone, but with the assistance of China. For the first time, China’s forced repatriation of North Korean defectors was placed under an international spotlight. This paper explores the possibility that China will be held accountable for North Korea’s human rights abuses, especially in light of International Human Rights Law and International Refugee Law.

Abstract

When it comes to human rights abuses, North Korea is in a category of its own. Since 2003, the General Assembly of the United Nations has annually adopted a resolution to condemn the country’s record. However, it was not until 2013 that the UN’s Human Rights Council created a Commission of Inquiry to investigate the State’s human rights violations. In their 400-page report, the Commission reached two conclusions: first, that North Korea has infringed on its people’s rights on a scale and gravity without parallel in the contemporary world; and second, that it has not acted alone, but with the assistance of China. For the first time, China’s forced repatriation of North Korean defectors was placed under an international spotlight. This paper explores the possibility that China will be held accountable for North Korea’s human rights abuses, especially in light of International Human Rights Law and International Refugee Law.

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