A/HRC/46/51 causing prolonged starvation.17 OHCHR, in its recent report to the Human Rights Council on promoting accountability in the Democratic People’s Republic of Korea pursuant to resolutions 34/24 and 40/20, stated that “[a]nalysis of available information continues to confirm that there are reasonable grounds to believe that crimes against humanity have been committed and may be ongoing in the Democratic People’s Republic of Korea”18 Since the beginning of his mandate in June 2016, the Special Rapporteur has received verifiable and credible information that confirms the conclusions of both the commission of inquiry and OHCHR. 16. The Government of the Democratic People’s Republic of Korea bears the primary responsibility to investigate and hold accountable those responsible for crimes against humanity. The Government continues to reject outright all allegations of serious human rights violations in the country despite ample evidence from the United Nations and other organizations. There are still no signs that the Democratic People’s Republic of Korea has overcome the entrenched culture of impunity to hold accountable individuals who are responsible for human rights violations. The Special Rapporteur is of the view that the crimes against humanity committed in the Democratic People’s Republic of Korea may entail the criminal liability of the highest authorities of the country. Given the centralized structure and decision-making processes within the State, there are reasonable grounds to believe that existing State policies which violate human rights are decided at the highest levels. C. The International obligation to prosecute 17. The Democratic People’s Republic of Korea has obligations to investigate, prosecute, and punish serious human rights violations under various provisions of international law. The duty to prosecute arises firstly from the right of victims to an effective remedy for human rights violations. While the Universal Declaration of Human Rights is not a legally binding instrument, many of its provisions are now considered customary international law. Building on the Universal Declaration, the International Covenant on Civil and Political Rights, to which the Democratic People’s Republic of Korea remains a party,19 obliges states parties to ensure an effective remedy for violations of human rights.20 In interpreting this article, the Human Rights Committee clarified the obligation of states parties to take effective steps to investigate violations of human rights “promptly, thoroughly, and effectively through independent and impartial bodies” and to ensure those responsible are brought to justice.21 The Committee further stressed that failure to investigate and bring to justice perpetrators of such violations could in and of itself give rise to a separate breach of the Covenant.22 With respect to genocide and violations of international humanitarian law, the relevant legal instruments clearly state an obligation to prosecute such violations.23 17 18 19 20 21 22 23 A/HRC/25/63, para. 76. A/HRC/46/52, para. 2. The Democratic People’s Republic of Korea acceded to the International Covenant on Civil and Political Rights in 1981. In 1997, the State sought to withdraw from the Covenant. However, the Secretary-General communicated the opinion that as the Covenant does not contain withdrawal provisions, a withdrawal would not appear possible unless all States Parties agreed to such a withdrawal. In 1997, as a response, the Human Rights Committee issued General comment 26 on issues relating to the continuity of obligations to the International Covenant on Civil and Political Rights, CCPR/C/21/Rev1/Add 8/Rev 1. Subsequently, the Democratic People’s Republic of Korea acknowledged its obligations under the treaty by submitting its second periodic report to the Human Rights Committee. International Covenant on Civil and Political Rights, Article 2 (3). Human Rights Committee, general comment No. 31, paras. 15 and 18. Id. These are the 1948 Convention for the Prevention and Punishment of the Crime of Genocide, article 4, to which the Democratic People’s Republic of Korea acceded in 1989, and the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, article 49; the Geneva Convention for the Amelioration of the condition of Wounded, Sick and Shipwrecked Members of Armed Forces, article 50; the Geneva Convention Relative to the Treatment of Prisoners of War, article. 129; and the Geneva Convention Relative to the Protection of Civilian Persons, art. 146, to which the Democratic People’s Republic of Korea acceded in 1958. 7