Practice Relating to Rule 11. Indiscriminate Attacks
Croatia’s Criminal Code (1997) provides that it is a war crime to launch or order the launching of “an indiscriminate attack affecting the civilian population, causing loss of civilian life” or “an indiscriminate attack affecting civilian objects under special protection of international law, as well as non-defended localities and demilitarized zones”.
Croatia’s Criminal Code (1997), as amended to 2006, states that a war crime is committed by:
(1) Whoever violates the rules of international law in times of war, armed conflict or occupation and orders [or commits] an indiscriminate attack harming the civilian population …
(2) … [W]hoever violates the rules of international law in time of war, armed conflict or occupation by ordering [or committing] … indiscriminate attacks against civilian objects protected by international law.
The Report on the Practice of Croatia maintains that it is Croatia’s opinio juris
that the rules pertaining to the prohibition of indiscriminate attacks are part of customary international law.