Bosnia and Herzegovina
Practice Relating to Rule 65. Perfidy
Under the Federation of Bosnia and Herzegovina’s Criminal Code (1998), if the killing of an enemy who has laid down arms or has surrendered at discretion, or has no longer any means of defence, is committed in an “insidious way”, this constitutes an aggravating circumstance of the war crime.
The Republika Srpska’s Criminal Code (2000) contains the same provision.
Bosnia and Herzegovina’s Criminal Code (2003) states:
(1) Whoever in violation of the rules of international law in time of war or armed conflict kills or wounds an enemy who has laid down arms or unconditionally surrendered or has no means of defence,
shall be punished by imprisonment for a term of between one and ten years.
(2) If the killing referred to in paragraph 1 of this Article has been perpetrated in a cruel or insidious way, out of greed or from other low motives, or if more persons have been killed, the perpetrator
shall be punished by imprisonment for a term of not less than ten years or long-term imprisonment.
Bosnia and Herzegovina’s Emblem Law (2002) states:
Anyone who has wilfully committed, or has given the order to commit, acts resulting in the death of, or causing serious injury to the body or health of an adversary by misusing the Red Cross or Red Crescent emblem or a distinctive signal in times of war, has committed a war crime and shall be punished in accordance with the provisions of the Criminal Code.
Misuse means appealing to the adversary with the intention to deceive him and make him believe that he is entitled to receive or is obliged to confer the protection provided for by the rules of international humanitarian law.