Practice Relating to Rule 151. Individual Responsibility
Croatia’s Criminal Code (1997), in a chapter entitled “Criminal offences against values protected by international law”, provides for a list of punishable acts committed by “whoever” and some of them “during war, armed conflict or occupation”, such as: “war crimes against the civilian population” (Article 158); “war crimes against the wounded and sick” (Article 159); “war crimes against prisoners of war” (Article 160); “unlawful killing and wounding of the enemy” (Article 161); “unlawful taking of the belongings of those killed or wounded on the battlefield” (Article 162); “forbidden means of combat” (Article 163); “injury of an intermediary” (Article 164); “brutal treatment of the wounded, sick and prisoners of war” (Article 165); “unjustified delay in the repatriation of prisoners of war” (Article 166); “destruction of cultural objects or of facilities containing cultural objects” (Article 167); and “misuse of international symbols” (Article 168).
The Criminal Code, as amended in 2006, further recognizes individual criminal responsibility in the following provisions:
(1) Whoever organizes a group of people or in some other way joins three or more persons in common action for the purpose of committing the criminal offences referred to … shall be punished …
Whoever procures or makes functional the means, removes obstacles, provides and ensures pecuniary and other financial means, makes a plan or arrangements with others or undertakes any other action to create the conditions enabling the direct perpetration of criminal offences referred to … shall be punished.