Graham Perrett (Moreton, Australian Labor Party) Share this | Hansard source

The term 'war crime' is one we hear often, but I want to explain what it actually means. This is important in light of the escalation of civilian deaths in Gaza, despite efforts to negotiate a peace by Australia and other countries with much more influence. Australia and many other countries have called for Israel to abide by the International Court of Justice ruling that it must take measures to prevent genocide in Gaza. It is tragic that, nearly six months on, the situation continues to be devastating, with little progress made towards a ceasefire. Meanwhile, the people of Gaza are suffering on a scale that is unimaginable. They are living with daily bombings, deaths and starvation, mainly because of Israel's refusal to let enough food into Gaza. Blocking that is both official and achieved via systemic go-slows and citizen action that is unlawful. How could anyone perpetrate such an act of barbarism on children?

I travelled to Israel as part of a parliamentary delegation—something not funded by lobbyists—and I witnessed the way Palestinians were treated. Their daily lives are ruled by checkpoints. I saw different roads for different races, and I know that there are two systems of justice for children based on race. Societies that have a two-tier system are never harmonious places. Today there are many in my community who feel helpless and angry and who are struggling to comprehend the enormity of the devastation and death. This conflict is extremely divisive. Everyone has an opinion, a story and a conspiracy theory, and some are devoted to lying about the facts. But the one thing we can all agree on is that the atrocities committed against civilians, regardless of who has committed them and why, deserve redress via international humanitarian law as enforced by the International Criminal Court in The Hague.

International humanitarian law applies to armed conflicts and was largely a result of the horrors of World War II. Its core objective is to protect people who are not or who are no longer participating in a conflict, and to restrict the means and methods of warfare. Serious breaches of international humanitarian law are known as war crimes. International humanitarian law stems from the customary international law and the 1949 reviews of the Geneva conventions. Remember, those first three conventions cover soldiers, sailors and prisoners of war. The fourth, from 1949, relates to the protection of civilians, including those living in occupied territories. Additional protocols were added in 1977 concerning victims of international armed conflicts and victims of non-international armed conflicts.

In 2004 the International Court of Justice designated that the Palestinian territories—that is, Gaza, the West Bank and East Jerusalem—are under occupation. The International Committee of the Red Cross asserts that the legal framework in the Palestinian territories, certainly before 7 October, is the law of belligerent occupation. The International Committee of the Red Cross states:

International humanitarian law protects those who do not take part in the fighting, such as civilians and medical and religious military personnel.

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These categories of person are entitled to respect for their lives and for their physical and mental integrity … They must be protected and treated humanely in all circumstances, with no adverse distinction.

This is the law of the world we live in—rules that evolved from the horror that saw six million people murdered in the Holocaust. These are humanity's absolutes:

International humanitarian law prohibits all means and methods of warfare which:

It is obvious from the estimated 1.5 to 1.9 million displaced Palestinians that this has been disregarded by Israel.

I'm not here to list the war crimes committed since 7 October last year, but I want to call out the atrocities with the intention that the world holds all perpetrators to account. I am talking about the deliberate targeting of civilians—especially women and children—indiscriminate rocket attacks and the taking of civilians as hostages. I'm also talking about Israel's deliberate obstruction of basic services—water, fuel and aid to Gaza. These are the acts that Human Rights Watch have described as collective punishment that amount to war crimes and include the use of starvation of civilians as a weapon of war. The UN High Commissioner has grave concerns about Israel's compliance with international humanitarian law, including the principles of distinction, proportionality and precautions in attack. The world is watching this horrific conflict.

House adjourned at 20:00

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