National penalties - genocide

Korea, Republic of

Act on the Punishment of Crimes within the Jurisdiction of the International Criminal Court

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 8 (Genocide)

1. The act of causing serious physical or mental harm to a member or members of the group.
2. The act of inflicting on the group conditions of life deliberately calculated to bring about its physical destruction in whole or in part.

Any person who instigates offences in paragraph (1) and (2) shall be subject to imprisonment for no less than 5 years.

Any person who attempts a crime in paragraph (1) and (2) shall be punished

Rome Statute

Article 77 Applicable penalties

1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:

(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or

(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.

2. In addition to imprisonment, the Court may order:

(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;

(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.