[Subscribe to APARC’s newsletters to receive our experts' latest updates.]

The Role of the Special Envoy

As the Biden administration begins to review policy towards North Korea in earnest, King’s book and perspectives are particularly timely. Drawing on over a decade of experience, King explains how the role of the special envoy provides a unique opportunity to influence the policy agenda on human rights. As a senior member within the U.S. State Department, the envoy is in a position to both elevate the importance of rights violations to policymakers in Washington and provide feedback on how policy decisions impact the situation on the ground.     

King outlines several avenues where U.S. policymakers can increase pressure on North Korea to address the ongoing human rights crisis in the country. Predominantly among them is the recommendation to support the work on human rights already done by the UN and UN agencies, such as the reporting of Special Rapporteur Tomás Quintana.

“North Korea is very sensitive about its international legitimacy,” King notes. “Working through the UN and with UN agencies gives greater validity and acceptability to the human rights issues and puts greater pressure on North Korea to follow international norms.”

King’s other recommendations center more directly on the people of North Korea. He urges ongoing support for initiatives and agreements that foster access to information and proper distribution of resources and aid for North Koreans within the country along with freedom of movement for those who are attempting to leave and face crossing hostile borders into China. 

Responsibilities in Seoul

Speaking as King’s counterpart and colleague in South Korea, Jung-Hoon Lee echoed the need for visibility and accountability — both globally and in South Korea — for the DPRK's human rights crisis. “In the public eye and the global context, the human rights condition in North Korea is not very familiar. Why? There’s no access. The North Korean society is completely cocooned. There are terrible human rights conditions in other parts of the world, but there is access in those cases to see what is going on. In North Korea, there are only testimonials. There are no pictures or documentaries of the gulags and atrocities. That’s why it is so important that we keep raising this issue.”

For Lee, this means working with and through many of the same channels that King points to, such as the UN, and recognizing as a global community the scale of the crimes against humanity being committed.

But it also means accepting responsibilities closer to home. Lee firmly rejects the opinion raised by the South Korean Foreign Minister that refocusing on North Korean human rights and reappointing an ambassador to fill Lee’s now-vacant position is “useless.” Such indifference towards human rights issues in North Korea is damaging, warns Lee, citing the scrutiny South Korea suffered during the recent Tom Lantos Human Rights Commission hearings before the U.S. Congress.

The Road Towards Accountability

Human rights are only one facet of U.S. policy toward North Korea, but we undermine the overall relationship with the North if the United States abandons human rights in pursuit of security or economic goals, writes King in his book. "Policy toward North Korea involves interrelated issues that we frequently separate for analytical purposes or because they are dealt with in different ways or by different means. But these issues are interconnected, and they are not really separable."

Ultimately, any meaningful action to address North Korea's human rights violations will require coordinated efforts from international organizations, national governments, and civic organizations. In the third and final part of the Korea Program’s spring 2021 series on human rights in North Korea, forthcoming on May 20, leaders from the private sector will discuss the challenges of bringing together independent actors and organizations to raise awareness and call for accountability in North Korea. Registration for the event is open to the public.  

This op-ed by Kiyoteru Tsutsui originally appeared in Nikkei Asia.

In one of the few unscripted moments in the meticulously planned U.S.-Japan summit meeting last Friday, President Joe Biden referred to Prime Minister Yoshihide Suga as "vice president" before quickly correcting himself.

In a different era, this could have turned into a diplomatic incident, with right-leaning Japanese pundits calling it evidence of the U.S.'s patronizing approach to Japan. Fortunately for Biden, the current geopolitical environment is not conducive to such provocation, and no major media picked up on the slip.

[Subscribe to APARC's newsletters to receive updates on our scholars.]

Much has been made of Suga being the first foreign leader to meet Biden in person. According to the U.S. State Department Office of the Historian, this is only the second time ever that a Japanese prime minister became the first foreign leader to meet a new president in the White House.

The other time was in 1989, when Prime Minister Noboru Takeshita visited President George H.W. Bush. Back then, Japan was a major threat to U.S. economic hegemony. Today, China is that threat, and not just in the economic domain. China is the first bona fide competitor to the U.S. since the Soviet Union, and its threat extends to every nook and cranny of the globe.

To counter China's ascension, the U.S. needs its allies, and Japan is the most important partner for that purpose. This is the context in which Suga visited the White House despite all the COVID-related restrictions.

Not surprisingly, the statements were carefully crafted to send strong signals to China. Building on the two-plus-two dialogue in March, the joint statement touched on the importance of peace and stability in the Asia-Pacific, from the East and South China seas to even Hong Kong, Xinjiang and Taiwan.

Japan certainly wanted a reference to the Senkaku Islands, which Beijing claims and calls the Diaoyu, and the applicability there of Article V of the U.S.-Japan Treaty of Mutual Cooperation and Security. The Biden administration had made that commitment earlier, calming concerns among Japanese leaders that the new administration may be softer on China than the Trump administration.

Biden has, in fact, been quite tough on China and has given almost a perfect answer to what Japanese foreign policymakers wanted. In return, the U.S. wanted Japan to be squarely on Washington's side. The wording of the joint statement — negotiated until the last minute — saw Japan agree to include a reference to Taiwan for the first time in 52 years, but with Japan's preferred wording, encouraging "the peaceful resolution of the cross-Strait issues."

Predictably, China reacted quickly and strongly, accusing the two countries of interfering in its domestic affairs and warning Japan about siding with the U.S. We have yet to see what retaliatory actions China might take, but the reference to Taiwan signals the beginning of a new trilateral relationship between China, Japan and the U.S.

The summit covered other important issues, all with China in the background. One key issue is economic security. In particular, supply chain decoupling will become a battle cry for the U.S. and its allies as they seek to reduce dependence on materials from China. Semiconductors are especially critical, as they power all the major growth areas in the new economy. Taiwan's dominance in the semiconductor industry is the main reason why Taiwan is so important to both sides.

To remain in the driver's seat in the new economy, the joint statement announced a new U.S.-Japan Competitiveness and Resilience (CoRe) Partnership. The most concrete proposal was an initial commitment of $4.5 billion from the two governments toward fifth generation (5G) and 6G networks, reflecting concerns about China's dominance in the key digital infrastructure of the future.

Human rights is another thorny issue, with the joint statement specifying concerns over Xinjiang and Hong Kong. With some companies joining the boycott campaign on cotton from Xinjiang, and China countering by criticizing racial division in the U.S., the clash between China and the U.S. will intensify in this area as well. Japan has stepped out of its comfort zone and criticized China on human rights, following the American approach more explicitly than before. In this regard, it is notable that Suga also referred to rising violence against Asians in the U.S.

One area in which China might be more of a partner than a competitor is climate change, with all three countries committing to zero emissions by mid-21st century. Almost concurrently with the Biden-Suga meeting, American and Chinese climate envoys — John Kerry and Xie Zhenhua — met in China and issued a joint statement affirming their commitment to work together on global climate challenges.

All these initiatives and commitments are potentially meaningful and consequential developments that can reshape the Indo-Pacific, although more concrete ideas are needed before we can evaluate their impact. The biggest take-away ought to be the confirmation that the U.S.-Japan alliance is gearing up for a new era of competition with China.

Japan more than reaffirmed its commitment to the alliance with the U.S., risking its economic relations with China. The U.S. will be sure to ask for more concrete actions from Japan on the basis of the joint statement, and Japan can no longer evade questions about what it would do in a confrontation with China. Japan has to navigate a tough terrain of standing with the U.S. in the competition with China while preventing the escalation of tensions between Beijing and Washington, and at the same time protecting its own national interests.

A new phase of the trilateral relationship has just begun, and like it or not, other Asian nations might face the same decision that Japan faced, and sooner rather than later.

The China Program at Shorenstein APARC had the pleasure of hosting Ryan Hass, Michael H. Armacost Chair in Foreign Policy Studies at the Brookings Institution for the program "Partner, Competitor, and Challenger: Thoughts on the Future of America’s China Strategy." Hass explored cooperation and competition between the United States and China before engaging in a lively Q&A session with the audience. Professor Jean Oi, William Haas Professor of Chinese Politics and director of the APARC China Program, moderated the event.

Presently, China is at once a major and increasingly hostile competitor to the U.S., a formidable challenger to U.S. regional and global leadership, and an important partner on a range of transnational challenges. An important and pressing question for many is whether or not it will be possible for both sides to coexist amidst intensifying competition. In his talk, Ryan Hass explored this question by delving into the present and future of US-China relations, as well as the discourse that shapes and is shaped by that relationship. He also discussed the likelihood of conflict between the two countries, particularly surrounding Taiwan, suggesting that it might not be as likely as many of us fear. Listen now: 

[Subscribe to APARC’s newsletters for updates on our scholars’ research.]

Exploring Means of Enforcing Accountability

Speaking as an independently acting investigator, Special Rapporteur Tomás Ojea Quintana echoed the findings of his predecessors in warning that the activity within North Korea has escalated from human rights violations to international crimes against humanity, including extermination, enslavement, torture, sexual violence, and knowingly inflicting prolonged starvation.

What governing body has the ability to hold national leadership at the highest level accountable for such crimes? Quintana outlines several options. One is the International Criminal Court, the international tribunal seated in The Hauge. However, superpower nations such as the United States, China, and Russia are historically recalcitrant to the jurisdiction of this legal body and could feasibly veto a case against the DPRK sent to the ICC.

Another option is for the UN Security Council to create a hybrid tribunal through which international prosecution could litigate. This option is more ad hoc, but would circumvent some of the potential veto pitfalls to using the ICC.

The Secretary General of the United Nations could also use the pejoratives given under Article 99 of the United Nations Charter to force action and accountability forward. This would be a difficult and even unprecedented means of jurisdiction, but it is supported by an already existing, if rarely enacted, legal framework.

Moving Forward

Each of the avenues proposed by Special Rapporteur Quintana has varying levels of efficacy and shortcomings, particularly in the immediate context of the ongoing COVID-19 pandemic and the further hindrance it has created to gathering evidence and intelligence directly from North Korea. As Roberta Cohen notes,

“No possibility exists right now for International Criminal Court referral, or establishing an ad hoc tribunal, but progress is nonetheless being made in laying the groundwork for eventual criminal prosecution and other aspects of transitional justice.”

Former Ambassador Joon Oh echoes the importance of keeping the issue of human rights and international crimes in North Korea in the spotlight even if immediate legal options stall.

“The issue of accountability is extremely important. These alternative ways [of creating accountability] should be explored. Exploring these avenues adds pressure on North Korea. Even remote possibilities add pressure, which might help change their behavior.”

On April 26, 2021, Ambassador Robert King, former U.S. Special Envoy for North Korean human rights issues will continue the dialogue on accountability in North Korea with a discussion of his forthcoming book, Patterns of Impunity: Human Rights in North Korea and the Role of the U.S. Special Envoy, and the role the South Korean and U.S. governments play in promoting human rights in North Korea. Registration for the book launch is open through the day of the event.  

As the first deputy director of national intelligence for analysis from 2005 through 2008, Shorenstein APARC Fellow Thomas Fingar had to implement legislation intended to enact sweeping reforms of intelligence procedure, establish a new federal agency, and integrate and improve the performance of 16 intelligence agencies. Synthesizing this experience, Fingar’s new book, From Mandate to Blueprint: Lessons from Intelligence Reform, explains how he carried out that tremendous charge. Identifying and codifying the commonalities that shape and constrain prospects for success, the book provides a practical guide that every new government appointee could use.

In a conversation with FSI Director Michael McFaul, Fingar discussed some of the themes and lessons he shares in the book, from prioritizing and sequencing interconnected objectives through determining organizational structures and staff arrangements, to building support and managing opposition.

“One of the first jobs of any new appointee is to determine which prescribed and suggested tasks are necessary and which ones are possible,” said Fingar. “The flip side of that is making judgments about what isn’t immediately necessary, or maybe necessary but not urgent, and what really isn’t possible under the circumstances.”

All government appointments come with a mix of tasks, responsibilities, and opportunities, and oftentimes carry with them a mandate subsuming requirements and authorities, but virtually never do they come with a blueprint detailing the steps to achieve the required and desirable changes over a four-year time horizon.

When Fingar accepted the position of deputy director of national intelligence for analysis, he knew he had to implement the legislative and presidential mandate he was going to be judged by — namely, the Intelligence Reform and Terrorism Prevention Act of 2004, which President George W. Bush signed into law in December 2004 — and to meet the ongoing intelligence responsibilities amid reforming and reorienting the organization. But he also prioritized another necessary task, that of restoring confidence in the intelligence community.

After the events of September 11, 2001 and the failure to discover weapons of mass destruction in Iraq, the intelligence community faced severe criticism and harsh scrutiny. “The loss of confidence began at the top, with President Bush,” said Fingar, “and went down through Congress and senior officials, influencing the morale of the workforce.” He knew that it was impossible to meet the requirements of the mission if the people supported by it did not have confidence.

Next-step considerations must address whether the requisite conditions to achieve the prioritized objectives — including staff, information, authorities, and funding — exist or must be obtained. For example, if some tasks require skills that are not currently available, then it is essential to identify and recruit people with the necessary skills and experience. Or if building the capacity to achieve priority goals requires organization restructuring and personnel reassigning, then these tasks require steps to protect or deemphasize legacy activities.

To succeed in their roles, government appointees must also win cooperation and stave off criticism both from opponents and those who believe they could do better. That, in turn, requires one to strike a balance between transparency and flexibility. Knowing what to report and when to report it, having a vision that is clear and easy to explain, and responding to feedback while still conveying an image of resolution and handle on strategy are all invaluable for judgments about what steps to continue, modify, or jettison right away, Fingar writes in his book.

“We captured this with a motto that was also our modus operandi,” he said. "Think Big. Start Small. Fail Cheap. Fix Fast. Listen to feedback. Involve people in the decision-making process.”