Соответствующая норма
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.
Croatia, Compendium “Law of Armed Conflicts”, Republic of Croatia, Ministry of Defence, 1991, p. 40.
The Compendium further states that “attacks on persons ‘hors de combat’” are a grave breach and a war crime.
Croatia, Compendium “Law of Armed Conflicts”, Republic of Croatia, Ministry of Defence, 1991, p. 56.
Croatia’s Commanders’ Manual (1992) provides: “A combatant who is recognized (or should be recognized) as being out of combat may not be attacked.”
Croatia, Basic Rules of the Law of Armed Conflicts – Commanders’ Manual, Republic of Croatia, Ministry of Defence, 1992, § 72.
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.
Croatia, Instructions “Basic Rules of International Humanitarian Law Applicable in Armed Conflicts”, Republic of Croatia, Ministry of Defence, 1993, § 1.
Under Croatia’s Criminal Code (1997), “an attack against … those hors de combat” is a war crime.
Croatia, Criminal Code, 1997, Article 158(1).
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, Criminal Code, 1997, as amended to 2006, Article 158(1).
Croatia’s LOAC Compendium (1991) and Soldiers’ Manual (1992) instruct soldiers to spare captured enemy combatants.
Croatia, Compendium “Law of Armed Conflicts”, Republic of Croatia, Ministry of Defence, 1991, p. 46; Rules of Conduct for Soldiers, Republic of Croatia, Ministry of Defence, 1992, p. 4.
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.
Croatia, Basic Rules of the Law of Armed Conflicts – Commanders’ Manual, Republic of Croatia, Ministry of Defence, 1992, § 72.
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.
Croatia, Instructions “Basic Rules of International Humanitarian Law Applicable in Armed Conflicts”, Republic of Croatia, Ministry of Defence, 1993, § 1.
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.
Croatia, Criminal Code, 1997, Article 161(1).
