NHRC Submits Written Opinion on MOJ Draft Bill on the Punishment of Crimes Under the Jurisdiction of the International Criminal Court
Today the National Human Rights Commission (NHRC) submitted its written opinion to the Ministry of Justice (MOJ) regarding the MOJ draft of the “Bill on the Punishment of Crimes Under the Jurisdiction of the International Criminal Court” (hereafter, “draft bill”). The opinion stated: “Although the draft bill for domestic implementation of the Rome Statute is relatively faithful to the Statute, the wording of the Korean draft bill makes it difficult to figure out exactly what conduct it prohibits, and because the Korean draft bill fails to set regulations on core conduct that follows from humanitarian principles, it should be expanded to include such provisions.”
The written opinion also pointed out that: “In a country governed by rule of law, when laws restrict basic freedoms, in keeping with the principle of clarity, the law must be specific as to exactly what circumstances merit such restrictions. On this measure, the draft bill fails to be clear as to what constitutes prohibited criminal behavior; wording that ordinary citizens can understand should be chosen.”
On 4 June 2002, the Commission urged the Korean government to ratify the Rome Statute of the International Criminal Court. After the government accepted this position, the MOJ swiftly set about to writing the present draft bill. In this sense, the Commission welcomes such efforts and hopes that our government will continue to exercise leadership in expressing humanity’s hope and resolve to realize international social justice.
