Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share 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.

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