George Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | Link to this | Hansard source

by leave—I rise to make a short statement on the anniversary of the Geneva conventions. Earlier today the Senate passed a motion noting the 60th anniversary of the Geneva conventions because it was on this day, 12 August, in 1949 that the four Geneva conventions directed to protecting the victims of armed conflict were opened for signature. Australia was an early signatory to those conventions and has, under governments of both political persuasions, been one of their strongest supporters ever since. This was a momentous step in the name of humanity. With the memories of the horrors of the Second World War still fresh, there was a determination that they should never occur again. While recognising that armed conflict would inevitably occur—as, of course, it did throughout the 20th century and continues in various places throughout the world today—the Geneva conventions proclaimed on behalf of humanity that such conflict must be conducted according to rules respected by all peoples. In the language of the Red Cross, even in wars there are still laws. The conventions make comprehensive provision for the protection of the most helpless: the wounded on the battlefield, the shipwrecked, prisoners of war and civilians in the hands of the enemy. They also recognise the emblems of the Red Cross and of the Red Crescent and—as from today in this country—in addition the emblem of the Red Crystal and require the respect and protection of those symbols.

The conventions and their protocols provide for measures to deter violations. It is the duty of all states to investigate, prosecute and punish those guilty of a grave breach, regardless of where the offence was committed and the nationality of the perpetrator. Sadly, in recent times we have seen the rise of so-called ‘non-state actors’ as agents of warfare across state borders and, indeed, with a putative battlefield that does not recognise any territorial limit. While the conventions are now recognised by all the states of the world, modern warfare and its laws and conventions must contend with those groups that do not hold themselves out as states and make no coherent case to be treated as analogous to states. Nevertheless, regardless of the identity of the protagonists, armed conflict will always create the helpless class to whose protection the conventions are directed. It is the challenge of civilised peoples to recognise the universal application of these principles and to afford protection to those who recognise no reciprocal obligation.

The continuing pervasiveness of armed conflict and the diverse identity of the actors involved are illustrated by the regions in which the International Committee of the Red Cross is most active today. Georgia/South Ossetia, Afghanistan, Lebanon, the Democratic Republic of the Congo, the Philippines, Liberia, Colombia and Haiti are among those arenas where conflict still occurs and the Red Cross is active. The conflicts range from warfare in the traditional sense, civil war and insurrection to widespread terrorism and societal breakdown caused by acute poverty.

In Australia, our national Red Cross Society has made an enormous contribution to the implementation of the conventions’ humanitarian ideals and principles as expressed in the conventions and protocols. On the most recent available statistics, its annual work has included educating over 17,000 people in international humanitarian law, handling nearly 3,000 international tracing and refugee services and assisting over 1,500 asylum seekers. This morning, on the lawns in front of Parliament House, I, along with the Attorney-General, Mr McClelland, participated in a ceremony to mark the 60th anniversary of the Geneva conventions in the presence of the National Chairman of the Australian Red Cross, my very old friend Mr Greg Vickery, its Chief Executive Officer, the Hon. Robert Tickner, and the International Red Cross representative to our region, Mr Jean-Luc Metzker. It was a moving ceremony at which a bound copy of the four Geneva conventions and protocols was passed between politicians, members of the Red Cross and members of the armed services. The opposition supports the motion passed by the Senate earlier today and commends, in bipartisan fashion, the work of the Australian Committee of the Red Cross, the International Red Cross and the values and principles enshrined in the Geneva conventions.

John Faulkner (NSW, Australian Labor Party, Vice-President of the Executive Council) Share this | Link to this | Hansard source

by leave—I move:

That the Senate take note of the statement.

I thank Senator Brandis for his remarks. It is always a positive thing when government, opposition and the whole parliament can join in like-minded support on such an important occasion. The Geneva conventions have been the bulwark of humanitarian principles in times of war for 60 years. They are as necessary today as they ever were. They are a crucial mechanism to make sure humanitarian principles are never forgotten and humanitarian principles are always upheld. However, the conventions themselves would be symbolic but obviously less relevant without the commitment and tireless efforts of individuals and organisations to uphold the values that the conventions embody.

The International Committee of the Red Cross in the past six decades has promoted and encouraged adherence to the conventions and taken impartial action to protect the vulnerable during armed conflict. On this 60th anniversary of the conventions, I certainly think it is appropriate to acknowledge Australia’s ratification of the third additional protocol, which establishes a third neutral emblem: the Red Crystal.

I should, as Minister for Defence, make special mention of the Australian Defence Force and Australian Defence Force personnel. Among Australian citizens, they have a unique connection to the conventions because of their vocation. It is with a great deal of pride that I note the unwavering commitment within Australia’s armed forces to the principles enshrined in the Geneva conventions. The support of the Senate, this parliament, in promoting universal adherence to international humanitarian law also serves to protect our troops and other Australian citizens who are working in foreign conflict zones.

The commemoration of a landmark event such as this by a democratic parliament such as ours is a small but significant way in which we can uphold our commitment to international humanitarian law. I am very happy and pleased to associate the government with the statement that was made by Senator Brandis, with the resolution that was agreed to—which stood in my name earlier this day—and also with the statements made by my colleague the Attorney-General, Mr Robert McClelland.

Christine Milne (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I rise this afternoon to associate the Australian Greens with the comments that have been made in relation to the Geneva conventions. As Senator Brandis noted, there was a moving ceremony this morning outside Parliament House. I represented the Australian Greens there, along with the Attorney-General, Mr Robert McClelland; Senator Brandis; Robert Tickner, the Australian chair of the Red Cross; and other dignitaries who came together to celebrate the 60th anniversary of the Geneva conventions.

I particularly want to note this afternoon the role of the Red Cross in continually fostering those principles of humanitarian law around the world and the work it does in trying to limit human suffering in times of armed conflict. I would particularly like to thank the volunteers who support the Red Cross all around Australia and the world in that work. Very often the volunteers and staff who work so hard in carrying out the humanitarian ideals expressed in the conventions and in the additional protocols are forgotten, but you only have to talk to people who have served in any capacity in war to see how much they value the Red Cross. Also, when there are fundraising efforts around the country to raise money for the Red Cross, you see that level of appreciation.

In the celebration of 60 years of the Geneva conventions, Robert Tickner this morning mentioned how important it is to be vigilant in upholding the principles of the Geneva conventions. He cited a recent poll which showed—and I am alarmed by this—that 43 per cent of the people asked thought it was all right to torture prisoners, and in some cases 40 per cent thought it was all right to kill prisoners. I think it is a tragedy for Australia that we are returning figures of 43 per cent or 40 per cent in that regard. In my mind that is a direct result of the Bush administration’s years and the decision to establish Guantanamo Bay offshore in order to avoid the Geneva conventions. That has led, with Abu Ghraib prison as well, to atrocities which people saw week in and week out on their television screens. I think that has led to a somewhat unacceptable view in Australian society that it is ever okay to torture prisoners and that it is ever okay to kill foreign soldiers in your custody.

I would absolutely join with those who today congratulate the International Red Cross and Red Crescent Movement in the decision to include the Red Crystal. I am delighted that we are honouring the 60th anniversary of the four Geneva conventions established in 1949, but I would urge vigilance and urge all members of parliament to reaffirm in their constituencies wherever possible the principles underpinning the Geneva conventions and to deplore any efforts around the world to undermine those conventions through national policy which sees a deliberate attempt to avoid the principles, to get around them, in order to engage in torture. I wish to add the Australian Greens’ support for this special anniversary of the Geneva conventions and undertake to the people of Australia that the Australian Greens will continue to support and do everything in our power to uphold the Geneva conventions and to support at all times the humanitarian work of the Red Cross.

Question agreed to.