'Not affording judicial guarantees to the passing of sentences and the carrying out of executions - NIAC' 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 10 (War crime against humanity)

Any person who commits any of following acts related to international or non- international armed conflict shall be punished by imprisonment for no less than 3 years.

2. Passing of sentences or carrying out of executions to a person under protection of the International Criminal Court Statue on humanity without previous judgment pronounced by a regularly constituted court.

RELEVANT ROME STATUTE PROVISIONS

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:
(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.