Agreement between the Government of the Federal Republic of Germany and the Government of the Republic of Croatia concerning German war graves in the Republic of Croatia
The Government of the Federal Republic of Germany and the Government of the Republic of Croatia, desiring to establish a final settlement for German war graves situated in the territory of the Republic of Croatia, seeking to to ensure the preservation and maintenance of these graves in a dignified manner and in accordance with the provisions of applicable international humanitarian law, in view of the fact that the maintenance of the graves of Croatian war dead in Germany is provided for by German legislation and the practice based on it, have agreed as follows:
Article 1
For the purposes of this Agreement, the terms below shall have the following meanings
a) “German war dead”:
- members of the German armed forces,
- persons equated with them under German law,
- other persons of German nationality who died in connection with the events of the 1914/1918 or 1939/1945 wars;
b) “German war graves”:
the graves of German war dead located in the territory of the Republic of Croatia;
c) “German war graves sites”:
the cemeteries or parts of cemeteries in which German war dead are buried, which still exist, can be found or are to be newly established in the territory of the Republic of Croatia.
Article 2
(1) The Government of the Republic of Croatia shall ensure the protection of German war graves and the permanent right of rest for German war dead within its territory and shall keep the surroundings of German war graves free of any structures that are incompatible with the dignity of these sites.
(2) The Government of the Federal Republic of Germany is authorized to design and maintain German war graves and German war grave sites in the Republic of Croatia at its own expense.
Article 3
(1) The Government of the Republic of Croatia shall grant, free of charge and in perpetuity, the right to use the areas of land serving as German war grave sites as permanent resting places for German war dead.
(2) Property rights are not affected by this agreement. Any changes deemed necessary to the boundaries of the areas of land used as German war gravesites shall be resolved by mutual agreement between the Parties or their designated agencies. If the Contracting Parties agree that a site is no longer used, either in whole or in part, for the intended purpose, this change shall result in the Government of the Federal Republic of Germany losing the right to use it.
(3) Should a site as defined in paragraph 1 be needed for another purpose in accordance with public land-use planning under Croatian law, the Government of the Republic of Croatia shall provide the Government of the Federal Republic of Germany with another suitable site and shall bear the costs of reinterring the dead and of preparing the new graves. The selection of the new area, its preparation and the implementation of the reburial shall be carried out by mutual agreement.
Article 4
(1) The Government of the Republic of Croatia, without incurring any costs and after having received a plan for prior approval, shall permit the Government of the Federal Republic of Germany to consolidate the graves of German war dead whose reburial the Government of the Federal Republic of Germany considers necessary. The exhumation of German war dead shall be carried out by forces designated by the German side.
(2) A protocol will be drawn up for each reburial of a German war dead, which should include information about the old and new grave location, personal details, the inscription on the dog tag or other identifying features.
(3) Insofar as it can be proven that formerly existing German war gravesites on Croatian soil have been abandoned and the German dead buried there can no longer be recovered, the Government of the Republic of Croatia shall, at the request of the German side, permit the erection of memorials in a simple and dignified form at these former sites. The Government of the Republic of Croatia shall provide suitable terrain for this purpose.
(4) Insofar as a provisional burial of German war dead found on Croatian soil is required to enable a final burial at a German war grave site, the Government of the Republic of Croatia shall make arrangements for their proper and dignified provisional burial and for the marking of the graves.
Article 5
(1) The repatriation of German war dead from the territory of the Republic of Croatia to the Federal Republic of Germany requires the prior consent of the government of the Federal Republic of Germany. The government of the Republic of Croatia will only allow such repatriation if this consent has been obtained.
(2) The consent of the government of the Federal Republic of Germany is also required for applications to the government of the Republic of Croatia for the repatriation of German war dead to third countries.
(3) All costs and fees for the disinterment and transfer of German war dead to other countries shall be borne by the applicants.
(4) Representatives of the authorities of both Contracting Parties may be present at the disinterment of German war dead for transfer.
Article 6
(1) The Government of the Federal Republic of Germany commissions the “Volksbund Deutsche Kriegsgräberfürsorge e.V.” (hereinafter referred to as “VOLKSBUND”) with the technical implementation of the tasks in the Republic of Croatia that arise for the German side from this Agreement.
(2) The Government of the Republic of Croatia shall commission the “Commission for the Determination of War and Post-War Victims” to carry out the technical implementation of the tasks based on this Agreement.
(3) In the event that the Government of the Federal Republic of Germany or the Government of the Republic of Croatia wish to commission another organization, agreement shall be reached between the Contracting Parties.
Article 7
(1) The Government of the Republic of Croatia shall afford the VOLKSBUND every possible assistance, in particular access to documents held by all authorities and other institutions now or in the future available concerning German war graves and deceased German soldiers.
(2) In order to carry out its tasks, the VOLKSBUND may send representatives, experts and managers to the Republic of Croatia.
Article 8
(1) In the execution of the construction work arising from the implementation of this Agreement, the VOLKSBUND shall in principle use local companies and labor as well as local materials in accordance with the usual conditions in free (public) competition.
(2) The VOLKSBUND may also import into the Republic of Croatia and re-export from the Federal Republic of Germany or another Member State of the European Union equipment, means of transport, materials and supplies necessary for the execution of the work referred to in this Agreement.
(3) The following shall apply to the customs clearance of these goods:
a) equipment and means of transport temporarily imported shall be cleared through customs upon their import into the Republic of Croatia on an import-export customs declaration, with the proviso that the said equipment and means of transport shall be re-exported after the completion of the work;
b) Materials and articles intended for the construction, ornamentation or maintenance of graves, memorials or cemeteries shall be exempt from customs and other import duties, provided that the following are submitted to the customs authorities in addition to the regular import declaration:
- an exact list of the imported goods,
- a declaration of commitment, signed by a duly authorized person, containing the binding assurance that the said goods will be used only for the purposes provided for in this Agreement.
Article 9
(1) The transfer of the areas serving as German war graves sites, agreed in accordance with Article 3 (1), shall authorize the VOLKSBUND to carry out directly all landscaping and beautification work on the war graves sites as well as the construction of suitable access roads, recreation rooms and other facilities for visitors within the framework of the relevant Croatian legal provisions.
(2) The VOLKSBUND shall ensure that all legal requirements concerning hygiene and health are observed in the construction work as provided for by Croatian law. It shall comply with the relevant legal and administrative regulations concerning cemetery regulations.
Article 10
This Agreement shall enter into force one month after the date on which the Contracting Parties have notified each other that the necessary domestic requirements for entry into force have been met. The date of receipt of the last notification shall be the determining date for the date of entry into force.
Done at Zagreb, on December 9, 1996, in two counterparts, each in the German and Croatian languages, each text being equally authentic.
For the Government of the Federal Republic of Germany Volker Haak
For the Government of the Republic of Croatia Krtalic