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Humanitarian Law Center4 of this Protocol provides fundamental guarantees so that Paragraph 1 prescribesthat: all persons who do not take a direct part or who have ceased totake part in hostilities, whether or not their liberty has been restricted, areentitled to respect for their person, honour and convictions and religiouspractices. They shall in all circumstances be treated humanely, without anyadverse distinction. It is prohibited to order that there shall be no survivors.Paragraph 2 states that: without prejudice to the generality of the foregoing,the following acts against the persons referred to in paragraph 1 areand shall remain prohibited at any time and in any place whatsoever: (a)violence to the life, health and physical or mental well-being of persons, inparticular murder as well as cruel treatment such as torture, mutilation orany form of corporal punishment; and (e) outrages upon personal dignity,in particular humiliating and degrading treatment, rape, enforced prostitutionand any form or indecent assault. Article 13 of this Protocol prescribesprotection of the civilian population so that Paragraph 1 of this Article prescribesthat the civilian population and individual civilians shall enjoy generalprotection against the dangers arising from military operations. To giveeffect to this protection, the following rules shall be observed in all circumstances.In Paragraph 2, it is stated that the civilian population as such, aswell as individual civilians, shall not be the object of attack. Acts or threatsof violence the primary purpose of which is to spread terror among the civilianpopulation are prohibited. It is also prescribed that the civilians shallenjoy the protection afforded by this part, unless and for such time as theytake a direct part in hostilities.The indictment lists the participation of defendant Dejan Demirović in thecommitment of the crime. The court has omitted the use of the name of thisdefendant from the lettering of the verdict in view of the fact that the criminalproceedings against defendant Dejan Demirović have not been completedand his actions and participation in the said event have not been determinedso that the court cannot issue statements concerning them beforethe completion of the criminal proceedings. Although this defendant haspresented his defence before the investigative judge of the District Court inProkuplje, the court did not read his defence at the main trial because thecriminal proceedings against him had been separated. In view of the factthat a procedure for the extradition of this defendant is underway, the courtfinds that his defence cannot be read as the criminal proceedings against320

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