David Smith (Bean, Australian Labor Party) Share this | Hansard source

I'm very pleased to rise to speak on this important motion put forward by the member for Moreton. The 12th of August marks an important anniversary. It is not just my son's birthday—happy 21st, Marcus!—but, much more importantly, the 75th anniversary of the signing of the Geneva conventions of 1949.

While there have always been rules of war and acceptable conduct in conflict and the treatment of noncombatants, many of these rules arise more from accepted norms than from enforceable instruments. These norms did not prevent atrocity—far from it—but they provided guidance and guardrails for conduct in war. You can look back to antiquity to see examples of this.

The conventions of 1949 were promulgated in the shadow of one of the most devastating periods in modern history. Just a few short years before, in 1945, one of the bloodiest wars in human history ended. It was a war marked by aggressive territorial expansion and the use of weapons of mass destruction against civilian targets, in one of the most organised and coldly executed genocides the world has ever seen. Vast parts of the world had been devastated, and in 1949 the scars of this war were still visible in many cities. It was the context of this terrible, destructive war that compelled the effort to codify and expand upon the rules in an effort to ensure that in future conflicts the crimes of the past could be avoided.

This is not a matter confined to history. Indeed the conventions are not abstract notions of legality and principle. These conventions are the very cornerstone of international humanitarian law. In the context of armed conflict, they provide for the protection of civilians, those providing aid and assistance, journalists and prisoners of war.

In every conflict since their promulgation in 1949 these conventions have been tested and sometimes broken. This is despite the universal acceptance of the conventions as a bulwark of international humanitarian law. It's important to remember that every state has ratified these conventions and essentially accepted them as rules of law.

It is timely that the member for Moreton has brought this motion before us today. Today there are more than 110 conflicts taking place across the world. These range from wars between states to internal conflicts and wars between state and non-state actors. Many of these conflicts have been utterly brutal, and the years from 2021 to today have seen unacceptably high levels of casualties. In all these conflicts we've seen the spirit and even the letter of the law of the Geneva conventions tested and broken. This is completely unacceptable, and we need to call attention to it.

Rules and norms only continue to be effective if they are accepted and enforced. If we fail to call out breaches of the Geneva conventions and to pursue those guilty of breaches then we are contributing to the ultimate undermining of these important principles.

I'd also like to recognise the important role played by the humanitarian aid workers who render important assistance in conflicts. In particular the Red Cross and Red Crescent movements have over a long period of time provided aid in conditions of great danger. This provision of aid is essential to assisting the many people affected by war, including displaced civilians and prisoners of war. In particular, by providing aid and assistance to these groups in these conditions, these organisations are an important check on violations of the conventions. I pay tribute to their work and efforts. It's essential that humanitarian aid workers be allowed to continue to do their important work in conflict zones, free from threats and interference from any combatants.

In conclusion, I imagine the delegates who drafted the 1949 Geneva conventions were hoping that their efforts would lead to a more peaceful era. While we thankfully have not seen another global conflict on the scale of the Second World War, we have not seen a decrease or decline in the instances of war around the world. War is still brutal, and with new technologies and equipment war is increasingly complex. It's in this context that we must all redouble our efforts to protect and enhance the Geneva conventions and the principles for which they stand.

Australia, as a middle power and a global leader in the promotion and implementation of the Geneva conventions and their additional protocols, must continue to be just that: a global leader in international humanitarian law. Let us all recommit ourselves to this important cause.

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