Croatia
Practice Relating to Rule 47. Attacks against Persons Hors de Combat
Croatia’s LOAC Compendium (1991) states that the denial of quarter is a prohibited method of warfare.
The Compendium further states that “attacks on persons ‘hors de combat’” are a grave breach and a war crime.
Croatia’s Commanders’ Manual (1992) provides: “A combatant who is recognized (or should be recognized) as being out of combat may not be attacked.”
Under Croatia’s Instructions on Basic Rules of IHL (1993), it is prohibited to kill or injure members of the enemy armed forces who are
hors de combat.
Under Croatia’s Criminal Code (1997), “an attack against … those
hors de combat” is a war crime.
Croatia’s Criminal Code (1997), as amended to 2006, states that a war crime is committed by:
Whoever violates the rules of international law in time of war, armed conflict or occupation and orders [or commits] an attack against … those
hors de combat, resulting in death, severe bodily harm or serious damage to people’s health.
Croatia’s LOAC Compendium (1991) and Soldiers’ Manual (1992) instruct soldiers to spare captured enemy combatants.
Croatia’s Commanders’ Manual (1992) states:
A combatant who is recognized (or should be recognized) as being out of combat (surrendering, wounded, shipwrecked in water …) may not be attacked. The intent to surrender can be shown with a white flag.
Under Croatia’s Instructions on Basic Rules of IHL (1993), it is prohibited to kill or injure members of the enemy armed forces who have surrendered.
Under Croatia’s Criminal Code (1997), whoever “kills or wounds an enemy who has laid down arms, or has surrendered at discretion, or has no longer any means of defence” commits a war crime.