Croatia
1. Constitutional structure and position of IHL in domestic law
The Republic of Croatia is a unitary State. The Constitution of 22 December 1990, Chapter VII, defines the relationship between international and national law. The President of the Republic concludes international agreements; the Government may also lawfully do so (Art. 132). International agreements which entail the passage or amendment of laws, agreements of a military and political nature, and international agreements which financially commit the Republic are subject to parliamentary ratification (Art. 133). A two-thirds majority is needed when the international agreement grants an international organization or alliance powers derived from the Constitution (Art. 133). Properly ratified agreements which have been made public are part of the internal legal order and preempt domestic legislation (Art. 134).
Croatia (even though bound by virtue of their ratification by Yugoslavia in 1950 and 1979) formally succeeded to the four Geneva Conventions and Additional Protocols I and II of 1977, without reservations, on 11 May 1992. On the same day, Croatia accepted the competence of the International Fact-Finding Commission under Article 90 of Protocol I.
Constitution of the Republic of Croatia
In English:
Consolidated text published in "Narodne novine" (the Official Gazette), No. 41/01 of May 7, 2001 together with its corrections published in "Narodne novine" No. 55 of June 15, 2001
2. Implementing institution
The National Committee for International Humanitarian Law was established by decision of the government of the Republic of Croatia on 13 July 2000.
The Committee is an inter-ministerial body. Its mandate is to evaluate and coordinate the work of the governmental and non-governmental bodies responsible for promoting knowledge of and monitoring compliance with international humanitarian law in Croatia. The Committee considers reports emanating from international organizations on respect for humanitarian law in Croatia and, if necessary, proposes appropriate measures. It also considers the conformity of draft bills with international standards of humanitarian law, and suggests modifications when required.
Committee members include representatives of the Ministries of Foreign Affairs; Defence; the Interior; Justice, Administration and Local Self-government; Health; Education and Sports; Labour and Social Welfare; and of the Republic of Croatia Human Rights Commission. Experts in the field of international humanitarian law and representatives of governmental and non-governmental bodies may also be invited to take part in Committee meetings.
