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.
Any person who commits any following cat related to international or non- international armed conflicts shall be subject to imprisonment for life or no less than 5 years.
1. Taking hostage of a person under the protection of the International Criminal Court Statue
2. Intentionally causing great suffer, or serious injury to body or to mental or physical health by torturing or mutilating any person under the protection of the International Criminal Court Statue on humanity
3. Committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, and any other form of sexual violence to any person who is protected by the International Criminal Court Statue on 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.
1. Deporting or displacing a person under protection of the International Criminal Court Statue on humanity.
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.
3. Subjecting persons under protection of international law on humanity to medical or scientific experiments of any kind which are neither justified by the medical treatment of the person concerned nor carried out without his or her voluntary prior consent, and which cause death to or seriously dangers to the health of such person or persons;
4. Killing or wounding any individual belonging to the hostile army or a combatant who has surrendered at discretion or having no longer means to defend.
5. Conscripting or enlisting children under the age of fifteen years into the national army or armed forces, or using them to participate actively in hostilities.
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.
1. Confining a person under the protection of international law on humanity without justifiable reason.
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 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.
Any person who attempts a crime in paragraph (1) through (5) shall be punished.
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.
Article 12 (War crime against humanitarian activity or distinctive emblems)
Any person who commits any of following acts described in subparagraph related to international or non-international armed conflicts shall be under imprisonment for no less than 3 years.
1. Any act of intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the international law, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict
2. Any act of intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law
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.
2. Any person who resulted in serious personal injury shall be under imprisonment for life or no less than 5 years.
Any person who attempted a crime in paragraph (1) or (2) shall be punished.
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
7. Any act of killing or inflicting hostile army or combatant adversary with act of Treachery forbidden in the international law
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.
2. Any person who resulted in serious personal injury shall be under imprisonment for life or no less than 5 years.
Any person who intentionally launched an attack in the knowledge that such attack will cause widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated shall be under imprisonment for no less than 3 years.
Any person who attempts a crime in paragraph (1) or (3) shall be punished.
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.
Article 15 (Negligence by commanders or other superiors)
Any person who fails to prevent or stop genocide or other crimes committed by a subordinate under his or her effective command or control, as a military commander or superior of a group or institution, shall be under imprisonment for no more than 7 years.
Any person who commits an activity in paragraph (1) by negligence shall be under imprisonment for no more than 5 years.
Any person who does not report that subordinates under his or her effective command or control commits genocide or other crimes, as a military commander or superior of a group or institution, shall be under imprisonment of no more than 5 years.
War crimes
National penalties - war crimes
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