Practice Relating to Rule 129. The Act of Displacement
Croatia’s LOAC Compendium (1991) prohibits “deportation or transfer out of or within an occupied territory”.
It also states that “unlawful deportation” falls under “grave breaches (war crimes)”.
Croatia’s Criminal Code (1997) provides, under the heading “War crimes against civilian population”: “Whoever in violation of the rules of international law, in time of war, armed conflict or occupation, … orders deportation or transfers [of the civilian population] … shall be punished.”
Croatia’s Criminal Code (1997), as amended to 2006, states that a war crime is committed by whoever “in time of war, armed conflict or occupation … orders the resettlement [or] displacement” of the civilian population.
The Criminal Code also states that “[ordering] the forceful displacement of persons from areas where they lawfully reside” is a crime against humanity.
The Criminal Code further states that “[intending] to destroy in whole or in part a national, ethnic, racial or religious group … or [ordering] the forcible displacement of the population … or [ordering] the forcible transfer of children of the group to another group” is an act of genocide.
Croatia’s LOAC Compendium (1991) allows “evacuation for security reasons”, but “not outside the boundaries of the occupied territory”.