Practice Relating to Rule 107. Spies
Croatia’s Criminal Code (1997), as amended to 2006, states:
(2) Whoever collects data, objects, documents or information which are a State secret with an aim of making them accessible to a foreign State, an organization or a person working for them shall be punished by imprisonment for one to three years.
(5) Whoever commits the criminal offence referred to in paragraph 2 of this Article in time of war or armed conflict, or if the disclosed State secret is related to the defence or security of the Republic of Croatia, shall be punished by imprisonment for three to ten years.
Croatia’s LOAC Compendium (1991) states:
The Occupying Power may impose the death penalty only on inhabitants guilty of espionage, sabotage [and] intentional offences having caused death. However, such offences must have been punishable by death under the law in force in occupied territory before occupation.
Croatia’s Commanders’ Manual (1992) provides: “Search for information in uniform or without disguise concealing combatant status is legitimate. Spies may be used but they do not have the right to prisoner-of-war status.”