Related Rule
Australia
Practice Relating to Rule 11. Indiscriminate Attacks
Australia’s Commanders’ Guide (1994) and Defence Force Manual (1994) cite “launching indiscriminate attacks that affect the civilian population or civilian objects in the knowledge that such attack will cause extensive and disproportionate loss of life, injury to civilians or damage to civilian objects” as an example of acts which constitute “grave breaches or serious war crimes likely to warrant institution of criminal proceedings”. 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 1305(h); Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1315(h).
Australia’s Defence Force Manual (1994) provides:
An extension of the general rule for the protection given to civilians is that indiscriminate attacks, that is, attacks not directed at military targets but likely to strike at both military and civilian targets without distinction, are forbidden. 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 921.
Australia’s Commanders’ Guide (1994) provides: “Indiscriminate attacks are prohibited.” 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 955(d).
Australia’s LOAC Manual (2006) states:
An extension of the general rule for the protection given to civilians is that indiscriminate attacks, that is, attacks not directed at military targets but likely to strike at both military and civilian targets without distinction, are forbidden. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 9.22; see also §§ 5.21 and 6.26.
The manual further states:
[The 1977 Additional Protocol I] extends the definition of grave breaches to include the following … acts when committed wilfully, in violation of the relevant provisions of the protocol, and causing death or serious injury to body or health:
- launching an indiscriminate attack affecting the civilian population or civilian objects in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 13.26.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Australia’s Geneva Conventions Act (1957), as amended in 1991, provides that “a person who, in Australia or elsewhere, commits a grave breach … of [the 1977 Additional Protocol I] is guilty of an indictable offence”. 
Australia, Geneva Conventions Act as amended, 1957, Section 7(1).
The grave breaches provisions in this Act were removed in 2002 and incorporated into the Criminal Code Act (1995).
Australia’s Criminal Code Act (1995), as amended to 2007, states with respect to serious war crimes that are committed in the course of an international armed conflict:
268.38 War crimeexcessive incidental death, injury or damage
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator launches an attack; and
(b) the perpetrator knows that the attack will cause incidental death or injury to civilians; and
(c) the perpetrator knows that the death or injury will be of such an extent as to be excessive in relation to the concrete and direct military advantage anticipated; and
(d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for life.
(2) A person (the perpetrator) commits an offence if:
(a) the perpetrator launches an attack; and
(b) the perpetrator knows that the attack will cause:
(i) damage to civilian objects; or
(ii) widespread, long-term and severe damage to the natural environment; and
(c) the perpetrator knows that the damage will be of such an extent as to be excessive in relation to the concrete and direct military advantage anticipated; and
(d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty for a contravention of this subsection: Imprisonment for 20 years. 
Australia, Criminal Code Act, 1995, as amended to 2007, Chapter 8, § 268.38, pp. 327–328.
In its oral pleadings before the ICJ in the Nuclear Weapons case in 1995, Australia stated:
The right to self-defence is not unlimited. It is subject to fundamental principles of humanity. Self-defence is not a justification … for indiscriminate attacks on the civilian population. Nor is it a justification for the use of nuclear weapons. 
Australia, Oral pleadings before the ICJ, Nuclear Weapons case, 30 October 1995, Verbatim Record CR 95/22, p. 52, § 47.
In 2010, in a statement on Somalia before the UN Human Rights Council, the representative of Australia stated:
Australia … [is] deeply concerned by his [the Independent Expert’s] observation that the situation for women and children in Somalia has become more precarious. In particular, we note the Independent Expert’s report of high numbers of indiscriminate attacks against civilians … . We support the Independent Expert’s call for all parties in the conflict – government and opposition groups – to respect basic principles of human rights and humanitarian law and to protect civilians from further violence. 
Australia, Statement before the UN Human Rights Council, 13th Regular Session, Interactive Dialogue on the Situation of Human Rights in Somalia, 24 March 2010.