The Anti-Death Penalty Asia Network (ADPAN) and partner civil society organizations have expressed strong opposition to South Korean prosecutors seeking the death penalty for former President Yoon Suk-Yeol during the final hearing of his trial for insurgency on 13 January 2026. They argue that insurgency does not qualify as a crime warranting capital punishment under international law, particularly the International Covenant on Civil and Political Rights (ICCPR), to which South Korea is a party. ADPAN urges the special counsel to reconsider seeking the death penalty and calls on the South Korean government to uphold the country’s 28-year de facto moratorium on executions if Yoon is sentenced to death.
Former President Yoon’s declaration of martial law on 3–4 December 2024 and his attempt to occupy the National Assembly with military and police forces represented a serious threat to democracy, the rule of law, and human rights in South Korea. The actions occurred in a context where no national emergency justified martial law under the South Korean Constitution or the ICCPR. While the martial law period ended without bloodshed, the move recalled South Korea’s past military dictatorship under General Chun Doo-hwan and the associated human rights abuses, illustrating the dangers of unchecked emergency powers.
ADPAN emphasizes that accountability must comply with international human rights law. The death penalty is narrowly confined to the most serious crimes involving intentional killing under Article 6 of the ICCPR, a standard reinforced by UN resolutions. South Korea has maintained a moratorium on executions for over 28 years, reflecting a gradual domestic and international move toward abolition. Seeking capital punishment for Yoon would represent a regression, risk legitimizing the death penalty, and contravene South Korea’s human rights obligations.
Rather than the death penalty, ADPAN advocates for lawful and proportionate penalties that uphold the rule of law and respect human rights. Accountability for abuses of power, including Yoon’s declaration of martial law, should rely on strong institutional safeguards, independent oversight, and protection of fundamental freedoms. Capital punishment would undermine the right to life and fail to address systemic issues exposed by the abuse of emergency powers.
ADPAN and partner organizations call on special counsel Cho Eun-suk to withdraw the pursuit of the death penalty against Yoon and seek penalties consistent with international human rights standards. They urge the Seoul Central District Court to exercise restraint in sentencing and the South Korean authorities to maintain the moratorium, commute existing death sentences, and take concrete steps toward full abolition, including ratification of the Second Optional Protocol to the ICCPR. These measures would ensure accountability without resorting to irreversible and disproportionate state violence.
