IHL and ERW: Response from Croatia (11 November 2005) CCW/GGE/XII/WG.1/WP.7

What measures have been taken by your State to implement those existing principles of international humanitarian law that are considered by your State as relevant to the use of munitions, including submunitions, that may become ERW?

In answering this question, States may like to address, among other issues, the following specific questions: …

(v) Does your State have a mechanism to review the legality of new weapons, methods of warfare and military doctrine? (If yes, what is the legal basis for those systems?)

18. The mechanism of reviewing the legality of new weapons is regulated by the Article 19 of the Law on Production, Overhaul and Trade of Armament and Military Equipment (“Official Gazette” No. 33/02 and 173/03) in which it is stated: “the armament and military equipment may be put in trade on the condition that there is compliance of the armament and military equipment with the stated law, other law and international agreements.”

19. The mechanism to review the legality of methods of warfare and military doctrine is regulated by the Article 92, paragraph 3 of the Defence Law: “When conducting a combat or a non combat assignment, members of the Armed Forces always and under any circumstances obey the rules of law of armed conflicts regarding humane treatment of wounded soldiers and prisoners of war and the protection of population as well as other rules pertaining to the law of armed conflicts, in accordance with the Constitution, international agreements and the law”.

20. The mechanism to review the legality of methods of warfare and military doctrine is also regulated by the Article 34, paragraph 2 of the Law on Service in the Armed Forces of the Republic of Croatia: “When conducting a combat assignment, a serviceman uses his/her firearms and other weapons pursuant to the regulations on combat activities.”

Responses to Document CCW/GGE/X/WG.1/WP.2, Entitled IHL and ERW, Dated 8 March 2005: Response from Croatia (11 November 2005) CCW/GGE/XII/WG.1/WP.7