Bosnia and Herzegovina
Practice Relating to Rule 11. Indiscriminate Attacks
The Federation of Bosnia and Herzegovina’s Criminal Code (1998) provides that it is a war crime to order “an indiscriminate attack without selecting a target, causing injury to the civilian population” or order “that civilian objects which are under specific protection of international law, non-defended localities and demilitarized zones be indiscriminately targeted” or carry out such attacks.
The Republika Srpska’s Criminal Code (2000) contains the same provisions.
Bosnia and Herzegovina’s Criminal Code (2003) states that, in time of war, armed conflict or occupation, ordering or committing an “[a]ttack without selecting a target, by which the civilian population is harmed”, in violation of international law, constitutes a war crime.
The Report on the Practice of Bosnia and Herzegovina provides the following examples of alleged violations of the prohibition of indiscriminate attacks which were denounced by the authorities:
- indiscriminate artillery shelling of Sarajevo on 16 May 1992;
- the attacks by aircraft of the Yugoslav Army in the Tuzla region, in which many residential facilities were destroyed and several civilians killed or wounded;
- the artillery shelling in the centre of Srebrenica, which resulted in civilian casualties;
- the attack by a Croatian army helicopter in the centre of Mostar, which resulted in civilian casualties.