Enforced disappearance - crimes against humanity

Korea, Republic of

Korea (Republic) - Act on the Punishment of Crimes within the Jurisdiction of the International Criminal Court 2007 (2011) EN

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.

8. Committing any of following acts with intent to removing a person or persons from the protection of the law for a prolonged period of time with the authorization, support or acquiescence.
a. Refusing to give information or providing wrong information on the fate or whereabouts of persons after the arrest, detention or abduction of the persons (hereafter `the arrest and others')
b. Any refusal by a person who is obliged to give information stated in Item a to give information or provide wrong information.

Rome Statute

Article 7 Crimes against humanity

1. For the purpose of this Statute, ‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

(i) Enforced disappearance of persons;

2. For the purpose of paragraph 1:

(i) ‘Enforced disappearance of persons’ means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.