Commitment to the Convention on Cluster Munitions

Policy

The Republic of Croatia signed the Convention on Cluster Munitions in Oslo on 3 December 2008. The Croatian Parliament approved the “Law for the Ratification of the Convention on Cluster Munitions” on 5 June 2009. Croatia formally deposited its ratification with the UN in New York on 17 August 2009.[1] It was the 16^th country to ratify, and thus among the first 30 ratifications that triggered entry into force on 1 August 2010.

It is not known if Croatia has begun the process of preparing national implementation legislation or other measures.

Croatia has continued to play an active role in promoting the implementation and universalization of the convention. Croatia is a member of the Lao Support Group, which is tasked with advancing preparations for the First Meeting of States Parties to be held in Lao PDR in November 2010. In particular, Croatia has been assisting with preparatory work related to implementation of victim assistance obligations.

Croatia has emphasized its commitment to the universalization of the convention and stated that it is promoting the convention in international and regional fora and in all bilateral contacts.[2] The Ministry of Foreign Affairs and European Integration and the Regional Arms Control Verification and Implementation Assistance (RACVIAC) Centre for Security and Cooperation co-hosted the Regional Workshop on Cluster Munitions in Rakitje from 9–11 February 2010. Representatives from across government ministries and the armed forces from 15 countries attended, along with international organizations and NGOs.[3]

Croatia attended the Berlin Conference on the Destruction of Cluster Munitions in June 2009, the Special Event on the Convention on Cluster Munitions held at the UN in New York in October 2009, and the International Conference on the Convention on Cluster Munitions in Santiago, Chile in June 2010. At the Santiago conference, Croatia made a statement emphasizing the importance of transparency reporting for the convention and as a tool for ensuring national coordination mechanisms are in place.[4]

Croatia made many notable contributions throughout the Oslo Process which led to the creation of the convention. Croatia played a leadership role in advocating continuously for the strongest possible provisions on victim assistance and helped to strengthen the convention by emphasizing the humanitarian harm caused by cluster munitions from its experience as an affected state.[5] Croatia was also one of a number of states that announced that it had enacted a moratorium on the use, production, and transfer of cluster munitions, in 2007, prior to the conclusion of the process.[6] 

Croatia has yet to formally make known its views on a number of important issues regarding the interpretation and implementation of the convention, such as the prohibitions on transit of cluster munitions, foreign stockpiling of cluster munitions, and investment in cluster munition production, or the retention of cluster munitions for research or training purposes. On another issue, Croatia has simply stated, “As for the interoperability and use of cluster munitions by countries that are not signatories to the [convention], and are serving within joint military operations, Republic of Croatia will act in accordance with provisions stipulated in Article 21 of the Convention.”[7]

Croatia is party to the Convention on Conventional Weapons (CCW) and its Protocol V on explosive remnants of war. Croatia has continued to participate in deliberations in the CCW on cluster munitions in 2009 and 2010 through July. Croatia has supported efforts to conclude an instrument in the CCW on cluster munitions, but has been critical of its progress. It has stated that as a minimal bottom line, any future instrument must have an immediate impact on addressing the humanitarian impact of cluster munitions.[8]

Use, production, transfer, and stockpiling

Croatia has stated that it does not produce cluster munitions, did not import them, and that the Armed Forces of Croatia have not used them, including in missions under UN auspices.[9] Croatia has said its armed forces have “some quantities of stockpiled cluster munitions,” inherited during the breakup of the Socialist Federal Republic of Yugoslavia.[10]

Jane’s Information Group lists Croatia as possessing KMG-U dispensers (which deploy submunitions) for aircraft and M87 Orkan 262mm rockets; each rocket contains 288 KB-1 dual purpose improved conventional munition (DPICM) submunitions.[11]

Croatia has stated that it expects its stockpile destruction process to begin by the end of 2010.[12] In February 2010, representatives of the NGO Norwegian People’s Aid (NPA) and UNDP met with Ministry of Defense officials to discuss plans for stockpile destruction. NPA, together with partners from the Moldovan Ministry of Defense, had made a presentation at the RACVIAC Centre for Security and Cooperation in Croatia on a self-help project on stockpile destruction carried out in Moldova.[13]

In March 2010, Croatia informed Landmine and Cluster Munition Monitor that the ministries of defense and foreign affairs were engaged in discussions with NPA, UNDP, and Colin King Associates Ltd. on the possibilities for cooperation on a pilot project for the ecological destruction of stockpiles. It noted that since the discussions were still in their initial phase, “exact information on the total quantities of cluster munitions and on quantities to be destroyed and kept for future training, are still not available for [the] public.”[14]

The Trial Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) established that Milan Martić ordered the shelling of Zagreb on 2–3 May 1995 using M87 Orkan rockets equipped with submunitions. At least seven civilians were killed and more than 200 wounded in the attacks.[15] Additionally, the Croatian government has claimed that Serb forces dropped BL-755 cluster bombs in Sisak, Kutina, and along the Kupa river.[16]

Cluster Munition Remnants

Croatia has areas contaminated by cluster munition remnants left over from the conflict in the 1990s. According to the Croatian Mine Action Centre (CROMAC), at the end of 2009 the areas affected by unexploded submunitions (not including mined areas that may be suspected to contain such remnants) covered a total of 4,267,489m²,[17] affecting 19 towns and municipalities.[18] The problem is present in seven cantons (out of 21), and as of 31 December 2009 there were 19 areas suspected to contain unexploded submunitions.[19] The types of submunitions in those areas are KB-1, MK-1, and BL-755.[20] CROMAC says all contaminated areas are marked.[21]

Clearance of cluster munition remnants

Croatia has not reported clearance of any unexploded submunitions during 2009. Its Article 4 deadline for clearance of areas under its jurisdiction or control containing cluster munition remnants is 1 August 2020.