|March 8, 2000
|Nov. 13, 2002
|June 28, 2004
|Oct. 18, 2006
The Republic of Korea promulgated the Act on the Punishment of Crimes within the Jurisdiction of the International Criminal Court in December 2007. The Act is primarily concerned with the issues of substantive law. It incorporates international crimes into the domestic criminal system with some omissions regarding prohibited weapons and means of warfare. The Act differs from the Rome Statute in relation to its provisions outlining the modes of liability by which individuals can be held criminally accountable before domestic courts. The scope of command responsibility is narrower in the 2007 Act than in Article 28 of the Rome Statute, and other modes of participation are not specified. The 2007 Act does not distinguish between crimes committed in international and non-international armed conflict, in contrast to the Rome Statute. Specific penalties are outlined for international crimes, which include, in some circumstances, the death penalty.
The 2007 Act does not address the issue of cooperation with the ICC in a detailed manner. Instead, it refers to standard procedures of mutual judicial assistance in criminal matters and extradition proceedings, which may not be tailored to the unique characteristics of the ICC.
|Act on the Punishment of Crimes within the Jurisdiction of the International Criminal Court
|국제형사재판소 관할 범죄의 처벌 등에 관한 법률