1. Overview
O-Gon Kwon is a prominent South Korean jurist renowned for his extensive career in both domestic and international law, significantly contributing to global accountability and human rights. He achieved distinction as the first South Korean judge appointed to a United Nations international tribunal, serving for approximately 15 years at the International Criminal Tribunal for the former Yugoslavia (ICTY). During his tenure at the ICTY, Kwon presided over several high-profile cases, including the trials of former Yugoslav President Slobodan Milošević and the former Bosnian Serb leader Radovan Karadžić. His leadership extended to administrative roles within the ICTY, where he served as Vice-President. Following his distinguished service, he continued to play a pivotal role in international criminal justice, notably being elected President of the Assembly of States Parties to the International Criminal Court (ICC). Kwon's career is marked by a deep commitment to justice, exemplified by his rigorous application of international criminal law principles and his efforts to promote the rule of law on a global scale. His work has earned him widespread recognition for his expertise, integrity, and diplomatic acumen.
2. Early Life and Education
O-Gon Kwon's early life and academic pursuits laid the foundation for his distinguished legal career, marked by a deep commitment to justice shaped by both personal experiences and historical inspirations.
2.1. Childhood and Education
Kwon was born on September 2, 1953, in Cheongju, North Chungcheong Province, South Korea. He completed his secondary education at Gyeonggi High School, graduating in 1972. His higher education began at Seoul National University, where he earned his Bachelor of Laws (LL.B.) degree in 1976, notably graduating as valedictorian. He continued his studies at Seoul National University, obtaining a Master of Laws (LL.M.) in 1983. Furthering his legal education internationally, he pursued and earned a second LL.M. degree from Harvard Law School in 1985.
2.2. Bar Examination and Judicial Training
Kwon demonstrated exceptional aptitude in the legal field early in his career. He successfully passed the Korean Bar Examination in 1977, achieving the highest score. Following this, he completed his bar apprenticeship at the Judicial Research and Training Institute under the Supreme Court of Korea in 1979, where he again distinguished himself by graduating as valedictorian of his class. This period underscored his early dedication and proficiency within the legal profession.
2.3. Motivation for International Justice
A significant personal impetus for Kwon's pursuit of a career in international law stemmed from an anecdote related by a junior judge who visited The Hague, Netherlands. Learning about the historical regret of Yi Jun (이준Yi JunKorean), a Korean diplomat who was unable to enter the Hague Peace Conference in 1907, Kwon felt a profound sense of lament that no Korean had been present in the Peace Palace, which commemorates the conference. This sentiment inspired him to seek election as a judge for a United Nations tribunal, driven by a desire for a Korean presence in the realm of international justice. His successful election as an ICTY judge in 2001 made him the first Korean international judge under the United Nations, fulfilling this aspiration.
3. Career in South Korea
Prior to his international appointments, O-Gon Kwon built a robust professional foundation within the South Korean judicial and administrative systems, serving in various influential capacities.
3.1. Judicial Service
Kwon began his judicial career in 1979 as a judge at the Seoul District Court, where he served until 1980. His early judicial assignments included a tenure as a judge at the Seoul Criminal District Court and the Daegu High Court from 1986 to 1990. Demonstrating his leadership capabilities, he subsequently served as a presiding judge in various South Korean district courts, including Changwon, Suwon, and Seoul, from 1993 to 1999. In 1999, he was promoted to a high court presiding judge, a position equivalent to a vice-ministerial level. He was serving as a presiding judge at the Daegu High Court when he was elected as a judge of the ICTY by the United Nations General Assembly in 2001.
3.2. Presidential Advisory and Court Administration
Beyond his direct judicial roles, Kwon also held significant administrative and advisory positions within the South Korean government and judiciary. From 1979 to 1984, he served as an Assistant Legal Advisor to the President of Korea, Chun Doo-hwan. His administrative expertise was further utilized from 1990 to 1992, when he worked as the Planning Director at the Ministry of Court Administration. He also contributed to legal research and development, serving as a Research Judge at the Supreme Court of Korea from 1992 to 1993, and as the Director of Research at the Constitutional Court of Korea from 1997 to 1999. Kwon is recognized within the legal community as an "elite judge" and an "international expert," known for his exceptional international acumen, interpersonal skills, and sociability, earning him widespread trust.
4. International Judicial Activities
O-Gon Kwon's international career is distinguished by his significant contributions to international criminal justice, particularly through his pivotal roles at the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Court (ICC).
4.1. Judge at the International Criminal Tribunal for the former Yugoslavia (ICTY)
O-Gon Kwon was sworn in as a judge of the ICTY on November 17, 2001. The ICTY, established by the United Nations Security Council in The Hague, Netherlands, was a groundbreaking international tribunal tasked with investigating and prosecuting grave breaches of international humanitarian law, including war crimes, crimes against humanity, and genocide, that occurred throughout the Yugoslav Wars in the 1990s. It was the first international criminal court established since the Nuremberg trials and Tokyo trials following World War II. As an ICTY judge, Kwon's responsibilities included assessing the guilt or innocence of those accused of perpetrating atrocities during the Balkan conflict and sentencing those convicted. He served as a member of Trial Chamber II, and was also involved in the Referral Bench, which determined whether specific cases were suitable for transfer to national courts, and the Tribunal's Rules Committee, which proposed additions and modifications to the Rules of Procedure and Evidence.
4.1.1. Trial of Slobodan Milošević
As an ICTY judge, Kwon served on the bench that heard the trial of Slobodan Milošević, the former President of the Federal Republic of Yugoslavia and a key figure in the Yugoslav Wars. His involvement in this high-profile proceeding underscored the tribunal's efforts to hold top political and military leaders accountable for their alleged roles in mass atrocities, marking a significant moment in the pursuit of international justice.
4.1.2. Trial of Radovan Karadžić
Kwon served as the Presiding Judge for the trial of Radovan Karadžić, the first president of the self-proclaimed Republika Srpska and a central figure in the Bosnian War. Karadžić was arrested in 2008, and the trial chamber, with Kwon as its head, was constituted in 2009. Karadžić was held ultimately responsible for crimes such as ethnic cleansing committed during the Bosnian War. On March 24, 2016, Kwon and the trial chamber sentenced Karadžić to 40 years of imprisonment. The judgment, spanning approximately 2,700 pages, was based on extensive evidence, including testimonies from over 600 witnesses and more than 300,000 pages of legal records. This verdict was not only legally significant for its rigorous application of international criminal law principles, such as genocide, joint criminal enterprise, and superior responsibility, but also historically meaningful for its detailed elucidation of the Bosnian War's events and responsibilities, which is considered one of the most brutal conflicts since World War II. It is widely regarded as one of the most important international criminal law judgments since the Nuremberg trials.
4.1.3. Trial of Popović et al.
Judge Kwon was also involved in the case of Prosecutor v. Popović et al., which saw the ICTY judges consolidate the trials of seven senior Bosnian Serb military and police officers linked to the Srebrenica massacre. The primary defendant, Vujadin Popović, was indicted for genocide, conspiracy to commit genocide, extermination, murder, persecutions, forcible transfer, and deportation. Other defendants in the case included Ljubiša Beara, Ljubomir Borovcanin, Milan Gvero, Radivoje Miletic, Drago Nikolić, Vinko Pandurević, Zdravko Tolimir, and Milorad Trbić. The trials aimed to prosecute those responsible for the systematic crimes committed during the massacre. The verdicts, including sentences of life imprisonment, were delivered in 2010.
4.2. Vice-President of the ICTY
In November 2008, O-Gon Kwon was elected by his peers as the Vice-President of the International Criminal Tribunal for the former Yugoslavia, reflecting his leadership and administrative contributions to the tribunal's operations. He was subsequently re-elected to a new two-year term as Vice-President in November 2009. His tenure as Vice-President further solidified his role in governing and advancing the tribunal's critical work in prosecuting international crimes.
4.3. President of the Assembly of States Parties to the ICC
On December 4, 2017, O-Gon Kwon was officially elected as the President of the Assembly of States Parties to the International Criminal Court (ICC) for a three-year term, commencing on December 14, 2017. The ICC Assembly of States Parties is the supreme oversight and legislative body of the ICC, wielding significant authority including the election of judges and prosecutors, supervision of the court's operations, determination of its budget, and amendment of the Rome Statute (the court's founding treaty) and Rules of Procedure and Evidence. His election to this prestigious position underscored his continued commitment to and influence within the international criminal justice system.
4.4. Member of the Independent Panel on ICC Judicial Elections
From 2010 to 2011, Kwon served as a member of the Independent Panel on International Criminal Court Judicial Elections. This panel was established by a coalition of non-governmental organizations (NGOs) associated with the ICC, with the crucial task of vetting candidates for judicial positions within the ICC. His participation contributed significantly to ensuring the integrity and fairness of the court's selection process for its judges.
5. Post-ICTY Activities and Other Roles
Following his extensive service at the ICTY, O-Gon Kwon has remained actively engaged in both the legal and academic spheres, continuing to contribute his expertise to international and domestic legal communities.
5.1. Director of the Kim & Chang International Law Institute
Upon his return to South Korea after 15 years at the ICTY, O-Gon Kwon took on the role of the inaugural Director of the International Law Institute at Kim & Chang, one of South Korea's largest law firms. In this capacity, he has been instrumental in leading research on complex international litigation cases, such as investor-state disputes (ISD), and providing legal advisory services for international matters.
5.2. President of the Korea Law Institute
Kwon has also served as the 15th and 16th President of the Korea Law Institute, a prominent legal organization that stands as the largest and sole comprehensive legal professional body in South Korea, encompassing judges, prosecutors, lawyers, and law professors. His leadership in this role has been crucial in advancing legal scholarship and practice within the country. In 2009, while still serving as Vice-President of the ICTY, he was among the four candidates recommended as a successor to former Supreme Court Justice Kim Yong-dam, further illustrating his high standing in the Korean legal community.
6. Writings and Academic Contributions
O-Gon Kwon has made notable scholarly contributions to the field of international criminal law, sharing his insights and experiences gained from the international bench.
6.1. Major Writings and Publications
Since 2007, he has served as a member of the Board of Editors for the Journal of International Criminal Justice, published by Oxford University Press. One of his key publications is "The Challenge of an International Criminal Trial as Seen from the Bench," which appeared in Volume 5, Issue 2 of the Journal of International Criminal Justice in May 2007, spanning pages 360-376. This work reflects his unique perspective and profound understanding of the complexities and challenges inherent in international criminal trials. Additionally, he is a member of the Crimes Against Humanity Initiative Advisory Council, a project of the Whitney R. Harris World Law Institute at Washington University School of Law in St. Louis, which aims to establish the world's first treaty on the prevention and punishment of crimes against humanity.
7. Awards and Honors
O-Gon Kwon has received numerous national and international accolades in recognition of his distinguished service and contributions to law and justice.
- 2008: "Moran" National Order of Merit from the President of the Republic of Korea.
- 2009: Year's Jurist Award.
- 2011: Yeongsan Legal Culture Award.
- 2013: Korean Legal Culture Award.
- 2018: Kyung-Ahm Prize, awarded by the Kyung-Ahm Education & Cultural Foundation.
8. Impact and Evaluation
O-Gon Kwon's career has left a profound mark on international law and has garnered him significant respect within the legal community.
8.1. Contributions to International Law
Kwon's impact on the development and application of international criminal law is substantial, primarily through his judgments and leadership in international tribunals. His role as the Presiding Judge in the trial of Radovan Karadžić stands as a landmark achievement, with the verdict considered one of the most important in international criminal law history since the Nuremberg trials. This judgment rigorously applied advanced legal principles such as genocide, joint criminal enterprise, and superior responsibility, setting precedents for holding high-level perpetrators accountable for mass atrocities. His work at the ICTY, particularly in cases involving the Yugoslav Wars, significantly contributed to the establishment of the truth and responsibility for the conflict's widespread crimes, thereby strengthening the international criminal justice framework and promoting global human rights.
8.2. Public Recognition and Esteem
Throughout his career, O-Gon Kwon has earned a high degree of public recognition and esteem from legal professionals and the broader public. He is widely regarded as an expert in international law, lauded for his integrity, analytical prowess, and diplomatic skills. His reputation as an "elite judge" with exceptional international acumen and strong interpersonal skills has solidified his standing as a highly respected figure in both domestic and international legal circles. His election to prestigious international roles and the numerous awards he has received further underscore the high regard in which he is held for his dedicated service to justice.
9. External links
- [http://www.icty.org/sid/150 The International Criminal Tribunal for the former Yugoslavia (ICTY)]