A UN committee on Tuesday adopted the resolution urging the Security Council to refer the North's rights situation to the International Criminal Court.
It's the first time a UN resolution included the idea that the North's absolute leader Kim Jong Un could be targeted by prosecutors. Before the UN vote, a North Korean envoy threatened a nuclear test.
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An unidentified ministry spokesman told state media that the North's war deterrence will be strengthened in an 'unlimited manner' to cope with US hostility, which is 'compelling us not to refrain from conducting a new nuclear test any longer'.
His comments on the nuclear test were near identical to what Choe Myong Nam, a foreign ministry adviser for UN and human rights issues, said at the UN.
The North has used similar rhetoric previously when there has been increased tension with other countries.
Analysts say it's unlikely the North will follow through on its threats to conduct a nuclear test because that would invite further international condemnation and derail efforts to attract foreign investment and aid to revive its moribund economy.
China and Russia, which hold veto power on the Security Council, will not let the council refer the North's rights situation to the criminal court, but North Korea also knows the two countries do not want another nuclear test by Pyongyang, said Lim Eul Chul, a North Korea expert at South Korea's Kyungnam University.
China and Russia voted against the non-binding resolution, which goes to the General Assembly for a vote in the coming weeks.
North Korea, however, often confounds outside analysts' predictions and doesn't always act according to a set pattern.
Two deadly attacks blamed on Pyongyang that killed 50 South Koreans in 2010 were a surprise because they came amid relatively easing tensions with the US and South Korea.
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