'Attempt' in document 'Korea - ICC crimes Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 2 Punishment of Crimes within the jurisdiction of the Court

Article 8 (Genocide)

1. The act of causing serious physical or mental harm to a member or members of the group.
2. The act of inflicting on the group conditions of life deliberately calculated to bring about its physical destruction in whole or in part.

Any person who attempts a crime in paragraph (1) and (2) shall be punished

Chapter 2 Punishment of Crimes within the jurisdiction of the Court

Article 9 (Crimes against humanity)
Any person who kills anyone by committing widespread or systematic attack directed against any civilian population pursuant to or in furtherance of a State or organizational policy to commit such attack shall be subject to capital punishment, imprisonment of life or no less than 7 years. Any person who commits any of the following acts in pursuant to or in furtherance of a State or organizational policy to commit widespread or systematic attack directed against any civilian population shall be subject to imprisonment of life or no less than 5 years.
1. Deliberately inflicting on the group conditions of life by depriving access to food and medicine, calculated to bring about the destruction of part of a population
2. Enslaving other person
3. Displacing or transferring population forcibly from the area in which they are lawfully present to other area, without grounds permitted under the International Criminal Court Statue

9.
Any person who attempts a crime in paragraph (1) through (3) shall be punished.

Chapter 2 Punishment of Crimes within the jurisdiction of the Court

Article 10 (War crime against humanity)

Committing outrages upon personal dignity, in particular humiliating and degrading treatment against a person related to international or non-international conflicts shall be punished by imprisonment for no less than 1 year. Any person who commits any of following acts related to international armed conflicts shall be punished by imprisonment for no less than 3 years.

2. Transferring parts of own civilian population into the occupied territory
3. Compelling a person under protection of the International Criminal Court Statue on humanity to serve in the army of hostile nation
4. Compelling the nationals of the hostile party to take part in the operations of war directed against their own country

Any person who attempts a crime in paragraph (1) through (5) shall be punished.

Chapter 2 Punishment of Crimes within the jurisdiction of the Court

Article 11 (War crime related to property and right)

Any person who destroys or seizes the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of international or non- international conflicts shall be punished by imprisonment for life or no less than 3 years.

Any person who declares abolished, suspended, or inadmissible in a court of law the rights and the actions of the nationals of the hostile party shall be subject to imprisonment for no less than 3 years.

Any person who attempts a crime in paragraph (1) or (2) shall be punished.

Chapter 2 Punishment of Crimes within the jurisdiction of the Court

Article 12 (War crime against humanitarian activity or distinctive emblems)

Any person who made improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury shall be punished as followings.

Any person who attempted a crime in paragraph (1) or (2) shall be punished.

Chapter 2 Punishment of Crimes within the jurisdiction of the Court

Article 13 (War crime using forbidden method)

1. Any act of intentionally directing attacks against the civilian population as such or against individual civilian not taking direct part in hostilities;

3. Any act of intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated

Any person who attempts a crime in paragraph (1) or (3) shall be punished.

Chapter 2 Punishment of Crimes within the jurisdiction of the Court

Article 14 (War crime using forbidden weapon)

Any person who uses any of following weapons related to international or non- international armed conflicts shall be subject to punishment of life or no less than 5 years.
1. Poison(poison) or poisoned weapon(poisoned weapon)
2. Biological or chemical weapon
3. Bullets which expand or flatten easily in the human body,

Any person who causes damages of other's life, physical health and property shall be under capital punishment, imprisonment for life or imprisonment for no less than 7 years.

Any person who attempts a crime in paragraph (1) shall be punished.

RELEVANT ROME STATUTE PROVISIONS

Article 25
Individual criminal responsibility
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.