What is the "innocent passage" that Croatia offers to ships towards BiH's sea: A journey under HR rules

By A. Aljović

According to the latest statements by the Prime Minister of Bosnia and Herzegovina, Denis Zvizdić, BiH will still oppose, with legal arguments and strongly, the construction of the Pelješac Bridge in the Bay of Mali Ston, which would connect two Croatian territories by land, and limit Bosnia and Herzegovina's access to the open sea, which would be the first case of its kind in the world.

Namely, UN Resolution on the Law of the Sea, Article 7 and Article 10 guarantee every coastal state the right of access to the open sea. By building the Pelješac Bridge, Croatia would, at the very least, violate the UN Convention, which official Zagreb has also signed.

Croatia is trying to calm the heated Bosnian public with the argument that the bridge structure will be 'spacious' enough for the largest ships to pass under it, and that Croatia will allow Bosnia and Herzegovina the so-called 'right of innocent passage' to Neum. It seems that the BiH side, although paradoxically, is most reassured by the story of 'innocent passage', which, if one looks at the Croatian Maritime Code, would be very harmful to Bosnia and Herzegovina, given the conditions that ships would have to meet while sailing through 'innocent passage' towards BiH's sea. 

The innocent passage that Croatia offers to Bosnia and Herzegovina is innocent, but not for BiH, but for Croatia. It is extremely harmful to BiH.

The term 'innocent passage' is clearly and precisely mentioned in the Croatian Maritime Code, which is in force. It covers all maritime traffic for which Croatian waters are merely a transit corridor. Ships can move through innocent passage 'harmlessly', but only if they comply with the conditions set by Croatia. Even then, according to the Maritime Code, Croatia retains the possibility to control ships, even those in innocent passage, if Croatia assesses that a ship could cause it harm. Who is to prevent Croatia from assessing as it wishes? Everyone has the right to doubt. Especially at a time when the Croatian President Kolinda Grabar-Kitarović presents BiH to the world as a station for terrorists.

Article 21, paragraph 1 of the Croatian Maritime Code clearly states that "innocent passage of a vessel means navigation through the territorial sea of the Republic of Croatia without entering any of its ports open to international traffic... provided that the order, peace, and security of Croatia are not disturbed." Paragraph 2 of the same article of this law states that a foreign vessel must complete innocent passage via the shortest route, without stopping. A ship in innocent passage may only stop in case of distress at sea, but must immediately inform the Croatian side about it.

Article 22 of this law also states that warships would not be able to sail through the innocent passage that Croatia offers to BiH in the Bay of Mali Ston without prior approval from the Croatian side.

Ships for exercises with weapons, ships from which aircraft take off or land, ships possessing any military equipment... would also not be able to sail through this passage, which is also explained in detail in Article 22 of the Croatian Maritime Code.

Ships engaged in fishing or hunting other marine creatures, or conducting surveys, research, or measurements, would also not be able to sail through the innocent passage that Croatia offers to BiH.

There are numerous other conditions that Croatia can impose on ships en route to Neum through the offered 'Croatian innocent passage'.

It is indicative that a good portion of BiH politicians accept the conditions of innocent passage set by the Croatian government, with ministers and parliamentarians from HDZ BiH and SBB leading the way.