'National penalties - death sentence' 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)

Any person who kills a member of a national, ethnical, racial or religious group with the intent to destroy, in whole or in part, shall be punished by capital punishment, imprisonment for life or no less than 7 years. For the purpose of paragraph (1), any person who commits any of the following acts shall be subject to imprisonment for life or no less than 5 years.

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.

Chapter 2 Punishment of Crimes within the jurisdiction of the Court

Article 10 (War crime against humanity)
Any person who kills a person under the protection of international law on humanity related to international or non-international armed conflicts (Domestic disturbance or tension such as riots or scattered violence in local areas are excluded; hereinafter the same shall apply) shall be subject to capital punishment, imprisonment for life or no less than 7 years.

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


Any person who commits a crime in paragraph (2), (3) or (5) and results in a death shall be subject to capital punishment, imprisonment for life or no less than 7 years.

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.

1. Any person who resulted in death shall be under capital punishment or imprisonment for no less than 7 years.

Chapter 2 Punishment of Crimes within the jurisdiction of the Court

Article 13 (War crime using forbidden method)
Any person who commits any act of followings related to international or non- international conflicts shall be punished with imprisonment for life or imprisonment for no less than 3 years.

1. Any act of intentionally directing attacks against the civilian population as such or against individual civilian not taking direct part in hostilities;
2. Any act of intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
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
4. Any act of utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
5. Any act of intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies as provided for under the Geneva Conventions;
6. Any act of directing or coercing to kill enemy combatant without exception as a commander of army

Any person who commits crime in subparagraph 1 through 6 of paragraph (1), resulting in death and serious injuries to a person who is protected by international law on humanity shall be punished as followings.
1. Any person who resulted in death shall be under capital punishment or imprisonment for no less than 7 years.

Chapter 2 Punishment of Crimes within the jurisdiction of the Court

Article 14 (War crime using forbidden weapon)

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.