The Korean implementing legislation on the ICC statute

Abstract

This note sets out the main content of the Korean ICC Act. The Republic of Korea enacted and promulgated its implementing legislation of the Rome Statute on 21 December 2007 as Law No. 8719. The main constitutional issues were the question of whether it was at all necessary to enact a piece of implementing legislation and the immunity of the Korean President under Article 84 of the Korean Constitution. The Korean ICC Act incorporates the crime of genocide, crimes against humanity, war crimes, as well as the offences against the administration of justice under the Rome Statute into Korean law. The Act also deals with surrender and legal assistance in criminal matters, but does not contain a provision on the enforcement of sentences. © The Author 2011.