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Digital Press Briefing with Ambassador-at-Large for Global Criminal Justice Beth Van Schaack and Special Envoy for North Korean Human Rights Julie Turner [1]

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Date: 2024-10

MODERATOR: Greetings from the U.S. Department of State’s Asia Pacific Media Hub. I would like to welcome journalists to today’s on-the-record briefing with Ambassador-at-Large for Global Criminal Justice Beth Van Schaack and Special Envoy for North Korean Human Rights Julie Turner. Ambassador Van Schaack will discuss her trip to Thailand and how the State Department’s Office of Global Criminal Justice advances justice and accountability for the victims and survivors of atrocities in Burma as well as those unjustly detained. Together, Ambassador Van Schaack and Special Envoy for North Korean Human Rights Julie Turner will also discuss their joint visit to the Republic of Korea, where they met with the ROK Government, DPRK defectors and escapees, and human rights advocates on the challenges of seeking accountability for the DPRK’s human rights abuses.

With that, let’s get started. Ambassador Van Schaack, I’ll turn it over to you for your opening remarks.

AMBASSADOR VAN SCHAACK: Wonderful. Thank you so much, Natalie, and thank you, everyone, for attending. We really appreciate your interest in our work in the region.

The United States has long supported the people of Burma and their ability to chart their own future with dignity and freedom from violence. We want to emphasize that we stand in solidarity with their resolve to bring stability, unity, justice, and democracy to their country. In recent weeks I’ve met with government officials, human rights defenders, civil society groups, scholars, humanitarians, members of the diplomatic community, and multilateral partners. I wanted to hear here firsthand about their vital efforts to support individuals and communities who have suffered atrocities at the hands of Burma’s military regime and other armed actors, and to learn what more we can do together to support the region as it contends with this crisis.

We’ve been especially thankful to Thailand for its determination to help end the conflict in Burma along with its leadership within ASEAN and the international community more broadly. And in this regard, we extend our deepest condolences to all of those affected by Typhoon Yagi in Thailand, China, Bangladesh, and across Southeast Asia. We recognize the devastating impact this storm has had, particularly on the people of Burma, who are already enduring conflict and severe food insecurity. Burma’s people cannot afford further crises, and our thoughts are with all of those who are facing these overwhelming challenges. We call upon the international community to support you through these especially difficult times.

Several years have passed since members of Burma’s military committed genocide and crimes against humanity against Rohingya. The best way we can honor victims and support survivors in their quest for justice and accountability is to hold Burma’s military regime and other armed actors accountable for their crimes.

On March 21, 2022, Secretary of State Tony Blinken announced that he had determined that members of the Burma military committed genocide and crimes against humanity against Rohingya. Unfortunately, many of the same military leaders who perpetuated the military coup are now accused of committing abuses against pro-democracy activists and members of ethnic and religious communities across the country. Thousands of civilians have been displaced and their homes and villages burned to the ground. The escalation of violence in Rakhine State has raised the risks of further atrocities occurring and intensified the humanitarian crisis now impacting the entire region. We call upon all parties to fully respect the laws of war and prevent further violence against civilians. We must continue to reiterate our support for Rohingya and their equal rights. Along these lines, we just announced at the UN General Assembly an additional $199 million to support the Rohingya humanitarian response.

The United States has adopted several other measures intended to prevent further atrocities while promoting justice and accountability. We are assisting entities conducting extensive documentation of the atrocities against civilians and are supporting the people of Burma in their own efforts to address truth, justice, and accountability. Along these lines, we also recognize Singapore’s noteworthy efforts to stem illicit financial flows through its banking sector for Burma’s arm trade. We have promoted international accountability mechanisms, including the UN Fact-Finding Mission for Myanmar and its successor, the Independent Investigative Mechanism for Myanmar, the IIM – IIMM.

Thus far, the United States has provided the IIMM with $3 million for its – to advance its mission to collect, consolidate, preserve, and analyze open source information depicting the most serious international crimes and violations of international law committed in Burma since 2011, and to protect witnesses. And today I’m really pleased to announce a new grant of $1.1 million to the IIMM intended to support translation into the vernacular, which includes the hiring of additional staff for this purpose. It is also integral that Burma’s neighbors in the region – particularly states receiving persons fleeing the conflict – cooperate with the IIMM as the mechanism’s work undergirds ongoing and future accountability processes. We’ve also been able to share information with The Gambia in connection with the case it has brought against Burma on behalf of the Organization of Islamic Cooperation and, really, on behalf of the entire international community, before the International Court of Justice in The Hague under the Genocide Convention.

Also in The Hague, the Office of the Prosecutor of the International Criminal Court has opened an investigation into events in Rakhine State in 2016 and ‘17. There are also cases pending in national courts. For example, we are now waiting to see whether a court in Argentina will issue arrest warrants in a case involving universal jurisdiction over international crimes following the prosecutor’s application in June of this year.

The United States will continue to work with those seeking to establish an inclusive, democratic Burma, including ethnic resistance organizations, pro-democracy actors, and the National Unity Government, who all seek a resolution to the conflict that provides for genuine and inclusive multi-party democracy. We welcome the NUG’s issuance of a draft transitional justice policy, which offers a model for a durable peace built on accountability. We also welcome their intention to abolish the 1982 citizenship law, which disenfranchised Rohingya. We support ASEAN’s effort to address the crisis in Burma and its decision to maintain Burma’s downgraded representation at recent ASEAN summits and to encourage ASEAN to extend this policy to all sectoral meetings. We call on ASEAN members to continue to press Burma’s regime to implement the Five-Point Consensus, deny the regime international legitimacy, and press the regime to allow the ASEAN special envoy to engage with all stakeholders, including representatives of the pro-democracy movement.

In closing, we will continue to work closely with the people of Burma and civil society to support their desire for an inclusive democracy. Along these lines, we again thank Thailand for its leadership in advancing peace and security in Burma and throughout Southeast Asia, as well as its shared commitment to human rights, democratic values, and mutual prosperity.

With that, I will turn it over to my colleague, Special Envoy for Human Rights Issues in North Korea Julie Turner.

AMBASSADOR TURNER: Good afternoon, everyone. Thank you for taking the time to be here with us today. I’m pleased to be ending my first year in my position here in Seoul. About a year ago today, I was sworn in and on my way to Seoul to spend my first day in my position here. So it feels like an appropriate bookend to be wrapping up my first year in the position again in Seoul.

I’m very pleased to be here with Ambassador Van Schaack, where we are meeting with government officials, with civil society groups, including North Korean escapees, to advance our accountability efforts and to expand international cooperation on North Korean human rights issues. We are primarily focused on promoting a survivor-centered approach to accountability in the DPRK and have been looking for opportunities to help amplify and provide a platform for North Korean escapees to tell their truth and to expose the ongoing human rights violations and abuses happening in North Korea.

Over the course of my first year in the position, I have worked alongside of my Republic of Korea counterparts and with civil society groups to build upon the great momentum that many in the community have been forging forward over many decades to shine a spotlight on North Korea’s egregious human rights record.

When I came into the position, it was – we were noticing a backsliding in North Korea’s already egregious human rights record. And we have seen over the course of the last few years an increased level of repression in North Korea – the passing of the three so-called evil laws, including the Pyongyang dialect law, the anti-reactionary thought law, and the youth education reform law. Along with these additional penalty – along with the these pieces of legislation that have increased repression, we have seen increased severity of penalties, particularly being applied on children.

This is coupled with an increased crackdown on refugees living in China. A year ago today, the PRC Government repatriated more than 600 – forcibly repatriated more than 600 North Korean refugees, and those individuals still in many instances remain unaccounted for. We continue to call on the PRC Government to abide by the principle of non-refoulement, and we call on the North Korean Government as well to account for the whereabouts of those individuals.

Over the course of the last year, we have also accomplished many things in commemorating the 10-year anniversary of the Commission of Inquiry report, which identified crimes against humanity as having occurred and continuing to occur in North Korea; and have passed – again by consensus in March – a resolution on North Korean human rights at the UN Human Rights Council; and then earlier this summer we hosted another UN Security Council open session on North Korean human rights in partnership with the Republic in Korea and Japan; and continue to look for opportunities, including in the upcoming UN General Assembly meetings and Universal Periodic Review process this November, to shine a spotlight on North Korea’s human rights abuses.

Thank you.

MODERATOR: Thank you. We will now turn to the question-and-answer portion of today’s briefing.

Our first question goes to James Griffiths, who submitted his question in advance, from The Globe and Mail, based in Hong Kong. “Do you see the Myanmar junta’s moves once again to try and hold some kind of election as an attempt to gain legitimacy and end their isolation diplomatically?”

AMBASSADOR VAN SCHAACK: Hi, James. Thanks so much for that question. Indeed, I think that is an effort underway. The real concern is, however, it’s impossible to imagine conducting an election legitimately in the current moment. Much of the country is not under the physical control of the Tatmadaw, the junta, so how are those individuals possibly able to participate in the current census that’s underway or to ultimately cast a ballot in a free and fair process? So we’re quite concerned that this will simply be an election that will return them to power and then they will claim some measure of legitimacy by virtue of this facsimile of democracy.

The situation needs to improve dramatically before any sort of an election can be envisioned, and this requires the Tatmadaw to cease its efforts to terrorize the civilian population around the – around the country. All the armed actors, including the Tatmadaw, need to respect international humanitarian law and to genuinely commit to a process of resolution to bring about a ceasefire and to find a more durable solution to return the country to a pathway of civilian rule and ultimately of democracy.

MODERATOR: Thank you. The next question goes to Albert Lee, Korea Pro. “Does Ambassador Turner and her team have any new information that can corroborate recent reporting that North Korean soldiers are now supporting Russian forces invading Ukraine?”

AMBASSADOR TURNER: I don’t have any additional information on that at this time.

MODERATOR: Okay. Okay, the next question will go to Garrie van Pinxteren from NOS News, based in Beijing, China. “Do you see any specific new worsening in the human rights situation in the DPRK? If so, in which area? What can you say about recent changes in the relationship with China and Russia, and does that have any effect on the human rights situation?”

AMBASSADOR TURNER: I’ll tackle that one. In terms of specific worsening in the human rights situation in the DPRK, we’ve certainly seen an increased crackdown on foreign media, in particular through the three laws that I mentioned in my introductory remarks; and increased penalties – there has been a rise in public executions, public trials, many of which are now being applied to children, including middle school students; and an increased crackdown in the border area as well with tightening border controls that prevent the flow of information across the border.

In terms of the changing relationship with China and Russia, I think that continues to have a negative effect on the human rights situation in that both governments continue to forcibly repatriate North Koreans seeking refuge or opportunity abroad. And we continue to call upon both governments and all member-states to abide by their international commitments and the principle of non-refoulement.

We have also seen both countries continue to host North Korean workers, who not only contribute to revenue generation that supports the government’s illicit weapons program, but also many of those workers are in conditions that amount to forced labor.

QUESTION: Okay. And let’s see, we have a question from Grace Yeeun Shin, CNA. “North Korea recently cut off road and rail links to South Korea. Will this hold back humanitarian aid? If so, how are you planning to tackle this?”

AMBASSADOR TURNER: I think this is – this recent action is consistent with the larger effects that we’ve seen or efforts by the government to cut off the flow of foreign information or foreign contact and to separate itself as a distinct entity, different from the Republic of Korea.

In terms of the long-term impact, we continue to urge North Korea back to the negotiating table, where we could talk about a range of activities, including humanitarian assistance. We remain open to looking for opportunities and pathways to build trust, but the ball is really at this point in the North Koreans’ court to make those opportunities available.

MODERATOR: Next question is from Ifang Bremer, NK News. “Thank you for your remarks, Ambassador. In a recent interview with our outlet, the departing ROK ambassador for North Korean human rights, Lee Shin-wha, claimed – she suggest drafting a joint statement with you to condemn the forced repatriation of 600 North Koreans in October of last year, but that your office did not follow up on this suggestion for a joint statement. If this is the case, and if so, could you explain why? Thank you.”

AMBASSADOR TURNER: Thanks, Ifang, for the question. I will say the U.S. Government has made it very clear that we condemn the PRC’s practice of forcible repatriation of North Korean refugees and asylum seekers. We have been saying that over the course of many years, including on my very first trip to South Korea, and we continue to do so regularly.

MODERATOR: Okay, the next question was submitted in advance from Eduardo Baptista from Reuters, based in Beijing. “Ambassador Turner, we have seen evidence that China has tightened border controls and surveillance aimed at making it harder for DPRK citizens to cross into, reside, work, and move around the country. What have you seen or heard on this issue?”

AMBASSADOR TURNER: We have in fact seen a tightening of the border on both sides, including new fencing that has been reported by numerous civil society groups, as well as reports that the DPRK has laid landmines along the border in the north as well.

One of the things that I find concerning about this is not only does it stem the flow of information into and out of North Korea, but it has also clearly had an impact on refugee flows and the ability of North Koreans seeking asylum or relief or opportunity outside of North Korea; it prevents that from happening. This also has a broader impact on many of the accountability efforts and documentation efforts that Ambassador Van Schaack and I are here to talk about this week. Having fewer refugees making it to third countries for safety gives us fewer sources of information about what is currently happening in North Korea.

MODERATOR: Okay, we will go to a question about Myanmar and Thailand. “Ambassador Van Schaack, Thailand has said that it wants to see more engagement with Myanmar and hinted that it will support elections being held there. Do you speak with Thai authorities – did you speak with Thai authorities about this, and if so, what was the substance of those conversations?” And that was from Poppy McPherson from Reuters news agency.

AMBASSADOR VAN SCHAACK: Wonderful. Thank you so much. Obviously I’m not going to disclose the bilateral conversations that we’ve had with our close friend here in the region, but I did articulate in response to an earlier question our real and fundamental concerns about trying to host elections under the current situation in which violence is really in escalation in a number of different areas around the country. It’s hard to imagine even just logistically how one would administer an election, no less do so in a way that is fair and that truly respects the right of the Burmese people to choose their leadership at a local or a national level. And so I think this is the position that all should take, and instead spend energy urging the regime to end its violence against the people of Burma, to release all of those who are unjustly and arbitrarily detained, including many members of the political opposition, and to ultimately allow unhindered humanitarian access to those in need.

Once those conditions are right, then a conversation could be begun within ASEAN and others in the region to think about what elections could look like to genuinely return the country to civilian rule. Thank you.

MODERATOR: The next question goes to Jihae Shin. I see that your hand is raised. If you would like to unmute and ask your question, please do so now. Jihae Shin from the Korean Broadcasting System? Okay, go ahead. You’re unmuted. Jihae Shin?

Okay, I will ask your question. I think it’s also in the Q&A tab. So this is for Ambassador Julie Turner from Jihae Shin, Korean Broadcasting System. “Is it possible to find out the status of detainees like missionary Kim Jung-Wook, who has been held in North Korea for over 10 years, through third countries like Sweden, which have embassies in Pyongyang? Can these countries help with consular meetings?” And then the second question: “Do you think Kim Jong-un could be brought to the ICC for military cooperation with Russia for human – or for human rights violations? Are there any steps being taken to prepare for this?”

AMBASSADOR TURNER: I’ll tackle the detainees part of the question, but I might let Ambassador Van Schaack tackle the ICC portion of the question since that is more in her lane.

On the detainees, I think that you probably saw that the U.S., the ROK, and Canada recently put out a coordinated set of statements acknowledging that particular detainee’s 4,000th day in detention. We remain deeply concerned and prioritize getting answers for family members regarding the conditions, whereabouts, and status of abductees, detainees, unrepatriated POWs, as well as divided family members. Many of you have heard me say repeatedly that that particular group, for many of them their family members are aging and that the urgency and time sensitivity of resolving this issue is imperative. And so we will continue to look for all avenues and all channels in which we can get the answers that these family members deserve, as quickly as possible.

Beth and I are here in Seoul this week to engage with likeminded governments, and continue to also coordinate and work with those other governments on issues to include these family-related issues.

AMBASSADOR VAN SCHAACK: Great, thank you. And just on the ICC question, it’s difficult to envision a pathway at present to the ICC. There are essentially two bases in which the International Criminal Court could exercise jurisdiction over events in the DPRK. The first would be if the country were to ratify the treaty, which of course is not within the immediate future. The ICC has jurisdiction over the territory of member-states and over acts committed by their nationals. So as long as individuals remain within the territorial boundaries of DPRK, there would be no jurisdiction before the ICC.

The second route would be a Security Council referral, which can overcome those jurisdictional limitations. And Ambassador Turner mentioned the Commission of Inquiry report from 2014, and this was one of the key recommendations of that report, was that the Security Council consider a plenary referral of the situation to the ICC. Now, it is entirely predictable that China and probably Russia as well would both veto that effort. So we have not seen initiative emerge within the council chamber in New York.

All that said, whenever international crimes are at issue, there is jurisdiction that is global. States around the world have empowered their national systems to exercise jurisdiction over the commission of international crimes. This is the principle of universal jurisdiction. And we know that there is no statute of limitations for international crimes either. So jurisdiction exists globally, and in the event that any perpetrators were to travel, they could be subject to charges before national systems around the world.

MODERATOR: Okay, I think we have time for one last question, and this was one that was submitted in advance from Kyungjin Kim from KBS, based in Seoul. “North Korea is providing short-range ballistic missiles to Russia, and these weapons are causing civilian casualties. There are claims that Kim Jong-un should be seen as an accomplice for providing the weapons. Do you agree with this view?”

AMBASSADOR VAN SCHAACK: Yeah, thank you so much. Obviously, the deepening cooperation between Russia and the DPRK, including the provision of unlawful arms transferred, is a trend that really should be of concern to all of us, and particularly anyone interested in maintaining peace and stability on the Korean Peninsula or upholding the global nonproliferation regime and ultimately supporting the people of Ukraine as they defend their freedom and independence against Russia’s brutal war of aggression.

Russia’s war of aggression is a blatant violation of the UN Charter. It’s been replete with war crimes and crimes against humanity, literally everywhere that Russia’s troops have been deployed. No state should be assisting Russia as it invades or attempts to subjugate another sovereign nation, or to terrorize its people. This includes providing weapons being used to kill women and children, to destroy Ukraine’s energy infrastructure as winter approaches, and to destroy the natural environment, or otherwise to enable Russia’s international crimes. Nor should states be giving Putin any kind of a platform to advance his destructive or aggressive agenda. Let’s not forget that he is subject to charges before the International Criminal Court, as are a number of his subordinates for their attacks on the civilian infrastructure within Ukraine.

Due in part to our sanctions and export controls, Russia has been forced to desperately search around the world for military equipment in order to sustain its war of choice against Ukraine. Our information indicates that the DPRK has provided Russia with more than 18,000 containers of military equipment and munitions, and the DPRK has also provided Russia with ballistic missile launchers and several dozen ballistic missiles. We really condemn this course of action. This should not be – no state should be supporting Russia in this regard, including by providing military equipment which is being used to attack cities, kill civilians, and further Russia’s unlawful war.

MODERATOR: And now, Ambassador Turner, if you have any closing remarks I’ll turn it back over to you.

AMBASSADOR TURNER: Thank you. Again, thank you to everyone for joining the call. We just want to underscore our priorities in advocating for a survivor-centered approach to accountability, looking for opportunities to continue to amplify and lift the voices of North Korean refugees who speak out about the ongoing human rights violations and abuses happening in North Korea, and they’re really serving as a voice for the voiceless. Thank you.

MODERATOR: Thank you, Ambassador Turner. Ambassador Van Schaack, the floor is yours for any last words.

AMBASSADOR VAN SCHAACK: I think the fact that we’ve taken this joint trip to the region really signifies the commitment that the United States has made to bringing an end to some of the violence that we’re seeing in some of these situation countries – in Myanmar in Southeast Asia, and here on the Korean Peninsula – and the fact that we have made a strong commitment to promoting the voices of those who remain unjustly detained, for those who remain subject to deep violations of their international human rights, and also our commitment to justice – to promoting documentation and to exploring pathways to justice and accountability around the world in whatever courts may be able to exercise jurisdiction.

So thanks so much for the journalists on the line for your interest in these issues and for covering them so carefully.

MODERATOR: That brings us to the end of our time today. Thank you for your questions and thank you to Ambassador Van Schaack and Ambassador Turner for joining us. We will provide a transcript of this briefing to participating journalists as soon as it is available. We’d also love to hear your feedback, and you can contact us at any time at [email protected]. Thanks again for your participation and we hope you can join us for another briefing soon.

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