Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

I move:

That the House:

(1)

notes the sixtieth anniversary of the Four Geneva Conventions of 1949;

(2)

congratulates the International Red Cross and Red Crescent Movement for continuously fostering the principles of international humanitarian law to limit human suffering in times of armed conflict and to prevent atrocities, especially against civilian populations, the wounded, and prisoner of war;

(3)

recalls Australia’s ratification of the Conventions and of the two Additional Protocols of 1977;

(4)

affirms all parliamentary measures taken in support of such ratification;

(5)

encourages the fullest implementation of the Conventions and Additional Protocols by the military forces and civilian organisations of all States;

(6)

encourages ratification by all nations of the Conventions and Additional Protocols; and

(7)

recognises the extraordinary contribution made by many individual Australians, including Australian Red Cross members, volunteers and staff, in carrying out the humanitarian ideals expressed in the Conventions and Additional Protocols.

I thank the honourable members for their indulgence. The purpose for the adjournment of the previous debate was to enable me to move this motion. I understand that other members will make short contributions too.

I recall that in 1999 I spoke in support of a motion brought to the House by the then Attorney-General on the occasion of the 50th anniversary of the Geneva conventions. The Hon. Daryl Williams moved that motion. Of course, much has occurred since that time in the field of international humanitarian law that should be recognised on the occasion of the 60th anniversary of the adoption of the conventions. Tragically the world continues to experience armed conflict. Dr Jakob Kellenberger, the President of the International Committee of the Red Cross, has said:

We sadly live in a world in which reports of direct attacks against civilians, of forced displacement, and of mistreatment of persons detained in relation to an armed conflict and the denial of their basic rights, judicial guarantees and procedural safeguards, are all too common.

A survey published just last month by the International Committee of the Red Cross confirmed that war and armed violence take an alarming toll on civilians in conflict-affected countries across the globe even today. The survey revealed that displacement, separation from family members and lack of access to basic necessities are among people’s most common experiences and biggest fears. It confirmed the tragedy that more and more innocent civilians are the victims of armed conflict. Acts of terrorism designed to spread terror amongst the civilian populations have continued to send shock waves throughout the world. Our own region has been affected by terrorism, which has exacted a heavy toll on both local people and foreign visitors, including Australians.

Against this backdrop it is sometimes difficult to find positive signs, but nevertheless there are some encouraging developments to report. When Nauru ratified the Geneva conventions in June 2006, the conventions became the only international instrument to enjoy universal ratification—that is, every member state of the United Nations is party to them—a truly momentous achievement and one for which the International Red Cross and Red Crescent Movement and in particular the International Committee of the Red Cross, as guardian of the conventions, can be justly proud.

On 1 July 2002, the Rome Statute of the International Criminal Court entered into force, having been ratified by 60 countries, including Australia. This parliament enacted comprehensive legislation to implement the obligations in the statute in Australian law, in the International Criminal Court Act 2002. Again, I recognise the contribution of the Hon. Daryl Williams. At the same time, parliament enacted the International Criminal Court (Consequential Amendments) Act 2002, which provided that all crimes within the jurisdiction of the court—namely genocide, crimes against humanity and war crimes—are crimes under Australian law and thus can be dealt with in Australian courts, wherever they are committed and regardless of the nationality of the perpetrator. Today the statute has 109 states that are parties, and the court has started its first trial. It is investigating crimes allegedly committed in the Democratic Republic of the Congo, Uganda, the Central African Republic and Sudan.

In December 2005, a diplomatic conference held in Geneva adopted the text of a third additional protocol to the Geneva conventions. That third additional protocol creates a new distinctive emblem of the Red Cross movement, known as the Red Crystal, to be recognised alongside the Red Cross and the Red Crescent. I am pleased to report that the government has today announced Australia’s ratification of that third additional protocol.

In Australia our own national Red Cross society continues to works tirelessly to promote the ideals of international humanitarian law and to develop understanding that even wars have laws. This morning I was honoured to take part in a moving ceremony in which I accepted, on behalf of the parliament, a bound copy of the Geneva conventions, which I have with me today. I will provide this copy to the Parliamentary Library for the future record and for the reference of members of the House. I thank the Australian Red Cross for affording me the privilege of taking part in an occasion that symbolises the close relationship between the government, the parliament of Australia and the Red Cross movement.

One of the notable achievements of the Red Cross in recent times has been the publication of a handbook for parliamentarians entitled Promoting Respect for International Humanitarian Law. The handbook serves as an invaluable reference not only for parliamentarians but for a wide variety of audiences. Other valuable work being done by the Red Cross includes engaging with journalists and assisting reporters sent into areas of conflict to understand the importance of international humanitarian law and to support them in their very brave but vitally important work. I know that the Australian Red Cross has reinvigorated its work in the field of international humanitarian law following an evaluation of its program conducted by Justice Alastair Nicholson. I record the government’s appreciation for the contributions made by the many Red Cross members, volunteers and staff and, in particular, for the valued leadership of Mr Robert Tickner, the chief executive officer and a former distinguished member of this House and minister in the Hawke and Keating governments.

Australia has itself been involved in a number of armed conflicts, which I referred to earlier, most notably in Iraq and Afghanistan. Australia’s record in involvement in conflict in United Nations mandated peacekeeping operations and missions, such as those in which Australians are serving in East Timor and the Solomon Islands, is distinguished by respect for the principles of international humanitarian law displayed by members of the Defence Force and others who have answered the call, including members of the Australian Federal Police. I recall having a conversation with the Chief of the Defence Force in which he mentioned with pride the number of occasions when Australian pilots had come back with their aircraft laden with bombs not being satisfied that discharging those bombs would not have affected the civilian populace. He was proud of the extent to which Australian troops recognised their obligations under international humanitarian law.

The government notes with pride the record of the Defence Force and records its appreciation for the efforts of all Australians who have served. The reality is that over the centuries thousands upon thousands of young men and women have died face down in the dirt and will continue to do so, not as a result of decisions they have made but as a result of decisions of their political masters. We, of course, serve in that capacity. More often the decision of those political masters has been a result of failings—failings to achieve compromise and resolve differences between nations by peaceful means. In the worst case scenario, those actions and  aggression have been inflamed and perpetrated in an endeavour to improve political aspirations. Be that as it may, it is the young men and women who serve in our defence forces and who serve in other defence forces who are called to serve. And, of course, when the demons of war are let loose, civilian populations suffer and suffer horrifically. We see that, and I have noted especially the role of journalists in reporting that to us. These Geneva conventions bring to that horror principles of humanity. They are vitally important documents and we recognise the achievement of the international community and, specifically, the Red Cross not only in creating those instruments but in ensuring that they continue to stay front of mind to governments and all those who are involved in, regrettably, too much armed conflict.

In conclusion, it is entirely fitting that this House commemorate the 60th anniversary of the adoption of the Geneva conventions, that it recognise the role of the Red Cross and the Red Crescent movement in international humanitarian law and that it note with pride Australia’s record in this field. I commend the motion to the House.

Ms Julie Bishop (Curtin, Liberal Party, Deputy Leader of the Opposition) Share this | Link to 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.

Bob McMullan (Fraser, Australian Labor Party, Parliamentary Secretary for International Development Assistance) Share this | Link to this | Hansard source

I rise to support the Attorney-General’s motion, which recognises the 60th anniversary of the Geneva conventions of 1949. This motion reaffirms Australia’s strong and enduring commitment to the law and spirit of the conventions and to the international humanitarian laws of which the conventions are the bedrock. The conventions provide protection for those who are most vulnerable in times of armed conflict: civilians, particularly women and children, the sick and wounded, prisoners of war, and medical and religious personnel. The conventions uphold absolutely that all protected people are entitled to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They remain the cornerstone for the respect and protection of human dignity in armed conflict.

The conventions also regulate the means and methods of warfare. As the technologies and tactics of war have become more sophisticated, the conventions have created necessary limitations on their use. The nature of armed conflict has changed over time, but unfortunately abuse in armed conflict continues. The types of war crimes we witness in contemporary armed conflict—attacks against civilians and civilian infrastructure, hostage-taking and torture—show the enduring relevance of the Geneva conventions and the protections they contain.

Australia is a strong supporter of the law and the spirit of the Geneva conventions. In this regard I am pleased that the Attorney-General has been able to advise the House of the decision of the government to recently ratify Additional Protocol III to the Geneva conventions. This protocol establishes a third neutral emblem for use by the International Red Cross and Red Crescent movement, the red crystal. The red crystal, along with the red cross and the red crescent, is an international symbol of protection identifying persons and facilities providing medical or humanitarian aid in armed conflict and natural disasters. The new emblem will enable Red Cross societies who do not prefer to identify with either the cross or the crescent symbol to instead use the crystal to identify them as members of the Red Cross-Red Crescent movement. Such an emblem will be of immeasurable benefit in combat zones in helping secure the safety of the eligible humanitarian workers in all countries regardless of their location or political situation.

Australia’s commitment to the protection of civilians and the elimination of inhumane methods of warfare was demonstrated when we became one of the original signatories to the Cluster Munitions Convention in December 2008. The convention prohibits the use of those inherently unreliable munitions, which cause unacceptable suffering to civilians. It also obliges states to clear areas contaminated with unexploded cluster munitions and to provide assistance for victims and their communities. As my colleague the Minister for Foreign Affairs, Stephen Smith, has said, the Cluster Munitions Convention is a remarkable humanitarian achievement.

I have had the welcome opportunity to meet on two occasions with Dr Jakob Kellenberger, the President of the ICRC. On both those occasions I was struck by the breadth and depth of work of the ICRC in defence of the conventions, in particular in what Dr Kellenberger identified to me as their three current priority regions: Pakistan and Afghanistan, the Palestinian territories and the Horn of Africa.

I have also had the opportunity of meeting with the representatives of the International Federation of Red Cross and Red Crescent Societies, including a very senior Australian working at the top level in that organisation. Those two organisations, together with the Australian Red Cross, do remarkable work of which we should all be proud. I also take this opportunity to acknowledge the tireless humanitarian work of those organisations and particularly the International Committee of the Red Cross as the guardian of the Geneva conventions, the International Federation of Red Cross and Red Crescent Movement and the Australian Red Cross.

In 2009, Australia has so far provided over $20 million to support these humanitarian organisations to protect and assist civilians affected by conflict and natural disaster. The dedicated staff of these organisations work in some of the most remote and dangerous parts of the world to promote and strengthen international humanitarian law. On the 60th anniversary of the Geneva conventions, we commend their efforts. I support the motion.

Debate (on motion by Mr Laurie Ferguson) adjourned.