Sharon Claydon (Newcastle, Australian Labor Party) Share this | Hansard source

It is an honour to rise and support this motion from the member for Canberra in relation to the hideous crime that is sexual violence that is perpetrated against women and children during times of war. This motion is important not only for underlining the use of sexual violence as a weapon during war but also for calling out what this behaviour is: it is a war crime and it is a crime against humanity. And I don't think we should be going soft around the edges in describing this in any way, shape or form.

We've had some very, very distressing stories come to light—certainly from the member for Canberra in her articulation of the ISIL guide book. There are shocking revelations from cover to cover. The recent report from the United Nations Human Rights Office about the promotion and protection of the rights of victims of sexual violence captured by ISIL in areas of Iraq is equally distressing and disturbing reading. So it is that this motion, as I said, really brings to light an issue that this parliament does have to take seriously. We should recommit ourselves to taking action.

It seems to me that we are very clear: this is a war crime and this is a crime against humanity. We have domestic laws that would assist us to recognise those crimes, yet, as the member for Canberra made clear, not a single prosecution. So that is a very poor report card for us to reflect on. Sexual violence has always been used as a weapon during times of conflict, so it's not like this is something new. And for too long, in fact, it has probably been considered too much a by-product of war—as something kind of unavoidable. But this has absolutely changed: sexual violence, as I said, is now, rightfully, classified as a war crime. When sexual violence is perpetrated as part of an armed conflict, it is a war crime; when that violence is widespread or systemic, it's a crime against humanity; and when it's used to destroy, in whole or in part, an ethnic, racial or religious group, it is genocide.

The Rome Statute of the International Criminal Court recognises rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence as crimes against humanity if the action is part of a widespread or systemic attack directed at any civilian population. Unfortunately, these gender crimes are too often perpetrated outside the jurisdiction of institutions willing and able to bring the perpetrators to justice, leaving victims without justice and terrible crimes unanswered. This is precisely what is taking place in both Syria and Iraq now. There is no doubt that sexual violence has been used as a weapon of war by Islamic State, and over recent years there have been countless stories of women and girls—and to an extent men and boys—being subjected to sexual violence.

According to the organisation Prosecute; don't perpetrate—I acknowledge your presence, Marie; it is very powerful to have you in the chamber; thank you for being here—which has researched and recorded these stories extensively, Islamic State has kidnapped women and published entire doctrines on its use of sexual slaves and has thrown LGBTIQ people from roof tops because of their sexuality. This is an abhorrence for most of us in Australia. More than an abhorrence, it is a war crime. It is deserving of action. We cannot let these crimes go unaddressed. It is time for this parliament to step up to the mark and apply maximum pressure wherever we can to ensure that these crimes are prosecuted.

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