Draft Indictment Prepared Against Kim Jong Un for Supporting Russia’s Aggression Against Ukraine

The international initiative Ukraine Accountability Project has released a background paper and draft indictment detailing the role of Democratic People’s Republic of Korea (DPRK) Supreme Leader Kim Jong Un in supporting the Russian Federation’s war of aggression against Ukraine.

The full document is available at the following link

The paper focuses on the individual criminal responsibility of Kim Jong Un for aiding and abetting the crime of aggression committed by the Russian Federation. While there is no evidence that Kim Jong Un participated in the planning, preparation, or initiation of the full-scale invasion of Ukraine in 2022, the report presents direct and unequivocal evidence that, beginning in 2023, Pyongyang provided munitions and weapons, and in 2024, deployed military combat forces to support Russian operations. North Korean forces began participating in combat in the Russian region of Kursk in late 2024 or early 2025, and Kim Jong Un publicly stated that he would send an additional 20,000–30,000 soldiers if properly compensated by Russia.

The legal analysis in the report is grounded in Articles 8 bis and 25(3)(c) of the Rome Statute, which provide a basis for the prosecution of aiding and abetting the crime of aggression. Given the International Criminal Court’s current lack of jurisdiction over these crimes, the authors propose using this legal framework for consideration by a future international tribunal, such as the Special Tribunal for the Crime of Aggression Against Ukraine, recently initiated by Ukraine and the Council of Europe.

The document was prepared by an inter-collegiate investigative team from across the United States, with the involvement of Professor David M. Crane — the founding Chief Prosecutor of the Special Court for Sierra Leone. The paper includes both a historical analysis of the Democratic People’s Republic of Korea’s relationship with the Russian Federation and a model indictment that may serve as the basis for future legal action against the North Korean leader.

The Ukraine Accountability Project, as part of the Global Accountability Network, will continue its investigations and analyses of international crimes committed in the context of Russia’s war against Ukraine.

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