House debates

Wednesday, 12 August 2009

60TH Anniversary of the Four Geneva Conventions of 1949

11:19 am

Photo of Ms Julie BishopMs Julie Bishop (Curtin, Liberal Party, Deputy Leader of the Opposition) Share this | Hansard source

The coalition supports this motion that recognises the 60th anniversary of the four Geneva conventions of 1949, which are the foundation of modern international humanitarian law. After the horror of World War II and the devastation that occurred in many parts of the world, the international community agreed that every effort should be made to ensure that the degradations inflicted on soldiers and civilians should never again be allowed to occur. The Geneva conventions lay a foundation for how civilised nations conduct themselves during war and other types of conflict. The early impetus for international humanitarian law is credited to a Swiss merchant named Henry Dunant, who was horrified by the aftermath of the Battle of Solferino in north Italy in 1859. According to the International Committee of the Red Cross, Dunant pleaded with local civilians to help him assist the tens of thousands of soldiers who had been left to die on the battlefield. His experiences led him to write a book, A Memory of Solferino, published in 1862. In his book, he called for relief societies to be formed which would come to the aid of wounded soldiers and for the nurses and medical staff to be protected through international agreement.

Representatives from 16 countries and four organisations are reported to have gathered at a conference in Geneva in 1863, and the Red Cross was founded. Another meeting in 1864 led to the development of a treaty titled the Geneva Convention for the Amelioration of the Condition of the Wounded Armies in the Field. This is regarded as the first treaty for international humanitarian law. While there were subsequent meetings and further development of the convention, including its extension to battles on the sea and to prisoners of war, it was a 1949 conference that made the greatest leap forward by extending protection to civilians. As history records, civilian populations suffered indescribable horror during the Second World War.

The development of new types of devastating weapons and new forms of warfare led to a series of international conferences in the 1970s and the adoption of two new protocols in 1977. Protocol 1 enhanced protection for civilian populations in recognition of the increasing impact on them. As the then Attorney-General, Daryl Williams, pointed out in his speech to this House marking the 50th anniversary of the Geneva conventions, it has been estimated that at the start of the 20th century 90 per cent of those killed during war were military personnel but that by the end of the 20th century 90 per cent of casualties were civilians. The world continues to be outraged by attacks on civilians as part of, or in consequence of, terrorist activities across the globe. Protocol 2 recognised the disturbing development of conflict increasingly conducted between armed groups within a nation.

Australia has a long and proud history of ratification and acceptance of the principles of the Geneva conventions. I join with the Attorney-General in mentioning, for example, Australia’s support for the International Criminal Court established in 2002. The idea of an international criminal court had been mooted at various times throughout the past 100 years, the 20th century being one marred by a litany of inhumanity and cruelty on a massive scale—possibly the most bloody and violent century in recorded history. After the international community supported tribunals at Nuremberg and Tokyo in the aftermath of the atrocities committed in the Second World War, a body of international law evolved with the Geneva conventions in 1948-49 and more recently in 1984. But there was no permanent international mechanism to enforce this body of international law. It was after the ad hoc tribunals regarding Rwanda and the former Yugoslavia that the international community met in Rome in 1998 and 120 nations, including Australia, supported a draft statute to establish a permanent international criminal court. Australia chaired the like-minded group of countries who were committed to the early establishment of the court. Foreign Minister Downer and Attorney-General Williams were unswerving in their commitment to the court and in 2002 Australia ratified the Treaty of Rome. As chair at the time of the Joint Standing Committee on Treaties, I was satisfied then and still believe that the ratification of the International Criminal Court is in Australia’s national interest because not only is it in Australia’s security interest for us to support efforts by the international community to maintain international peace and security across the globe but also it is in our national interest for a society such as ours, committed to freedom and human dignity, to uphold the establishment of a court such as the International Criminal Court.

I pay tribute to the men and women of the Australian Defence Force who have served this country in conflicts overseas, particularly as part of United Nations campaigns. The Attorney mentioned Iraq and Afghanistan. Recently the Leader of the Opposition and I were privileged to visit, in the company of the shadow minister for defence, our troops serving in Afghanistan. There is absolutely no doubt that the men and women of the Australian defence forces are individually and collectively committed to their obligations under international humanitarian law, and I recognise their efforts. I pay tribute today to the efforts of the Red Cross in Australia and to their continuing efforts to ensure that Australia upholds the values of international humanitarian law. I commend this motion to the House.

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