Bosnia and Herzegovina
Practice Relating to Rule 113. Treatment of the Dead
The Instructions to the Muslim Fighter (1993) issued by the Army of Bosnia and Herzegovina (ABiH) in 1993 stated:
(c) Prisoners of war:
… Islam likewise forbids the mutilation of enemy … dead … These are general rules which are binding for our soldiers. However, if the commanding officer assesses that the situation and the general interest demand a different course of action, then the soldiers are duty-bound to obey their commanding officer.
Under the Criminal Code (1998) of the Federation of Bosnia and Herzegovina, “the unlawful appropriation of belongings from the killed … on the battlefield” is a war crime.
The Criminal Code (2000) of the Republika Srpska contains the same provision.
Bosnia and Herzegovina’s Criminal Code (2003) states:
(1) Whoever orders the unlawful appropriation of belongings from the killed … on the battlefield, or who carries out such appropriation,
shall be punished by imprisonment for a term of between six months and five years.
(2) If the criminal offence referred to in paragraph 1 of this Article has been perpetrated in a cruel manner, the perpetrator
shall be punished by imprisonment for a term of between one and ten years.