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

I move:

That this House:

(1) recognises that:

(a) 12 August 2024 marks the 75th anniversary of the Geneva Conventions of 1949, the foundation of modern international humanitarian law; and

(b) they are as relevant to armed conflict today as in 1949;

(2) acknowledges that the conventions, while universally accepted, are not being uniformly respected in times of war, underscoring the need for ongoing commitment;

(3) recalls that the conventions and their additional protocols protect civilians, medical personnel, chaplains and humanitarians as well as non-military places such as hospitals;

(4) emphasises that compliance with international humanitarian law during armed conflict can reduce the human, economic, social and environmental cost of war, and facilitate the return to sustainable peace;

(5) honours the role of Australian Red Cross in:

(a) disseminating and ensuring respect for international humanitarian law; and

(b) providing education about the correct use of the emblems of the conventions and their additional protocols;

(6) pays respect to the role of the International Committee of the Red Cross in assisting victims of armed conflict and working for the advancement of international humanitarian law; and

(7) determines that Australia should remain a global leader in the promotion and implementation of the conventions and their additional protocols.

One aspect of my job that I hold dear to my heart is being co-chair, along with the member for North Sydney and the member for Cowper, of the Parliamentary Friends of the Australian Red Cross. I've been involved with this group for all of my 17 years in parliament. It's given me an insight into the crucial work the Red Cross and its volunteers do in our communities and around the world during difficult times.

We all recognise the emblem of the Australian Red Cross—the opposite of the Swiss flag—and we see that red cross during times of humanitarian need. Australian Red Cross staff and volunteers are always at the front line as emergency situations unfold, such as bushfires, cyclones or flooding here in Australia and famine, earthquakes and so many other disasters overseas. They're always there in the aftermath of these disasters to provide food, shelter, support and access to services. In fact, in the six months to April 2024, there were 10 activations of the Red Cross in Queensland alone. That meant 375 Red Cross personnel across 137 days of continuous activation over 87 different locations. As a Queenslander, I thank them for the work that they do during times of distress and need. It's important to acknowledge that their work does not end when the floodwaters subside or the power comes back on. The Red Cross continues to work to help affected communities get back on their feet.

Of course, the Australian Red Cross sits within a wider organisation, and I'm pleased to have the opportunity today, on the 75th anniversary of the Geneva conventions, to reflect on the role of the wider International Red Cross and Red Crescent Movement. The International Committee of the Red Cross was founded in 1863 by a Swiss businessman, Jean-Henri Dunant, as a neutral and impartial organisation to aid those affected by the hardships of war on all sides.

There's no more crucial time to stress the absolute urgency for all countries to uphold the Geneva conventions. These are the international humanitarian laws that outline, amongst other things, how civilians should be treated during armed conflict. Seventy-five years ago today the cornerstone instruments of international humanitarian law were signed. It is tragic that the number of armed conflicts occurring right now is higher than ever before. More than 110 conflicts are currently devastating communities and regions around our world.

The foundational objectives of the four conventions are to protect people who are not or who are no longer participating in an armed conflict and to restrict the means and methods of warfare. The first convention concerns wounded and sick soldiers on land during war; the second convention focuses on wounded, sick and shipwrecked sailors at sea during war; the third convention protects prisoners of war; and the fourth convention concerns civilians, including those in occupied territories.

National organisations like the Australian Red Cross work to promote and ensure respect for international humanitarian law—the rules that come with being human. Not only do they prepare people to work within zones of armed conflict; they work with the ADF and other organisations to train them on international humanitarian law. I give a big shoutout to all the ADF legalos who do that great work.

Respect and understanding of the principles of the Geneva conventions lay the foundations for enacting them when conflict breaks out. I pay tribute to the selflessness and courage of those serving humanitarian needs in zones of armed conflict. Many of them bear the emblems of the International Red Cross and the International Red Crescent. Tragically, some of them pay the ultimate price for their work, giving their lives to help those in need.

Australia is steadfast in its upholding of international humanitarian law. Last month the Prime Minister released a joint statement with the prime ministers of Canada and New Zealand to urge for a ceasefire in Gaza. The statement described the human suffering there and stressed:

Israel must listen to its friends and it must listen to the international community. The protection of civilians is paramount and a requirement under international humanitarian law.

The joint statement also called for Israel to respond substantively to the International Court of Justice's advisory position.

On this important anniversary, I call for renewed respect for human dignity and compassion—indeed, a renewed commitment from all countries to uphold our common humanity. The International Red Cross and Red Crescent Movement will be reiterating this call when they meet later this year. We need to narrow the gap between acceptance of and compliance with international humanitarian law. This is paramount. The innocent victims ask that of all of us.

Terry Young (Longman, Liberal National Party) Share this | Link to this | Hansard source

Is there a seconder for the motion?

Kylea Tink (North Sydney, Independent) Share this | Link to this | Hansard source

I second the motion. The world is a dangerous place, not because of those who do evil, but because of those who look on and do nothing—or so said Albert Einstein. I want to thank the member for Moreton for moving this motion, as I believe he's right. He's right to draw attention to the 75th anniversary of the 1949 Geneva conventions. He's right in saying these conventions are just as important today as ever. He's right to lament that, while they are universally accepted, they are not being uniformly respected. He's right to ask us to honour and advocate for the work of the Red Cross in assisting victims of armed conflict and advancing international humanitarian law. And he's right to ask this House to determine that Australia should remain a global leader in the promotion and implementation of the principles of the conventions.

This anniversary reminds us of the importance of advocating for the humane treatment of any person during an armed conflict. It should also remind us that simply calling for this principle to be upheld is only as useful as the steps we're prepared to take when a nation breaches those principles. For this reason, I add one more important point to this motion: that this House should call on our government to take tangible and decisive action against those who ignore or breach the conventions.

Many would be aware of the Geneva conventions, which actually originated in the Napoleonic Wars in the mid-19th century. Then Genevan businessman Henry Dunant witnessed the horrors of a gory battle in the Second Italian War of Independence. The atrocities he saw impacted him so greatly that he proposed nations cooperate to create trained volunteer groups to treat those wounded in battle and offer humanitarian assistance. In 1863 a committee that included himself and an early iteration of the Red Cross brought 16 countries together in Geneva to discuss the terms of the wartime humanitarian agreement. The resulting treaty, the first Geneva convention, was signed by just 12 of those countries.

One hundred and sixty years on, the principles of the Geneva conventions have been revisited on multiple occasions, most frequently following a significant conflict. On each occasion they've been expanded to extend human compassion and ensure accountability. But the existence of the conventions alone has never been enough to stop evil. It did not stop the Nazis in World War II, even though Germany was a signatory to the conventions in 1929. In recent months it has not stopped the atrocities we've seen and continue to see in multiple locations around the world.

At this time of great uncertainty I urge our government to move beyond words and towards action to ensure we play our part in protecting and enforcing the principles of the Geneva conventions. There are more than 100 armed conflicts currently taking place around the world. We should all do what we can to ensure that the loss of innocent life is minimised and the conventions are upheld. Ultimately, compliance with these laws during armed conflicts can not only alleviate the suffering of people but reduce the human, economic, social and environmental cost of war and help facilitate a return to a sustainable peace. These conventions provide a set of rules that seek to limit the effects of armed conflict and protect people who are not participating in hostilities, including by restricting the means and methods of warfare. Importantly, they recognise that the rules should apply equally to all, regardless of race, faith, gender, location or nationality, and that no person or country is ever to be placed above the law. The conventions protect non-military places such as hospitals, schools and religious buildings whilst also protecting those wounded or captured in battle and those who are not fighting, such as civilians, medical personnel, chaplains and humanitarian workers.

Today I take this opportunity to honour Zomi Frankcom, whose life was taken during an Israel Defense Forces drone strike in Gaza on 1 April this year. At the time we were told, 'This sort of thing happens in war,' yet the rules of war contained in our international treaties explicitly exist to protect people like Zomi. In the aftermath of her death, special adviser Air Chief Marshal Mark Binskin found that chaos, confusion, fear and a breakdown in the chain of command and communications all contributed to Zomi's death. We can recognise those things can be true, but we must also reject the idea that the loss of her life was inevitable. To do anything less is to turn our backs on the conventions and deny her family accountability. The longevity of instruments like the Geneva conventions is up to us. The more they are tested, the more intentional we must be in protecting them.

As a nation, Australia has a role to play in upholding the principles of international humanitarian law. This includes continuing to support international bodies like the United Nations, the International Criminal Court and the International Court of Justice. We must continue to advocate for organisations like the Red Cross. Ultimately, there should be no question of when we uphold international humanitarian law, nor for whom. Our commitment to these principles and organisations must remain firm and enduring. (Time expired)

David Smith (Bean, Australian Labor Party) Share this | Link to 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.

Michael McCormack (Riverina, National Party, Shadow Minister for International Development and the Pacific) Share this | Link to this | Hansard source

Today, 12 August 2024, marks the 75th anniversary of the Geneva conventions of 1949. Following the tragedy, the atrocities, of World War II, it was clear to the peace-loving international community that a global set of minimum standards had to be implemented to ensure such atrocities were never committed again. As the member for Bean has just correctly pointed out, we haven't seen a war on that scale since, but what we are seeing at the moment is beyond belief, and it is so sad that we live in troubled times.

I commend the member for Moreton for bringing this motion to the House, but I guess it doesn't really matter so much what we say in this chamber today. It is out there in the halls of power in certain countries that action has to be taken. What we are seeing in Ukraine is so despicable. Russia stands condemned for what it is doing. In the Middle East, of course, innocent people are dying every day because of the conflict there.

Today the conventions from Geneva have been ratified by 196 states, including all United Nations member states. It cannot be understated just how significant an accomplishment it is to have the world unite to strive to protect the innocents of war. That's why this motion is important. But, more than that, the world must stand as one—at least, peace-loving communities and countries in the world must stand as one—when they see the sorts of actions taken by Russia and taken on 7 October by Hamas. Too many people stand silent when those sorts of outrages happen. The standard we walk past is the standard we accept. That goes for local communities; it also goes for the halls of power in the various jurisdictions across the world.

Sick and wounded soldiers, prisoners of war, civilians, medical personnel, chaplains and humanitarians all receive the benefit of protection under the conventions, and that is right; it is proper. Unfortunately, it seems war is a reality of life, and it should not be so. It's something that has plagued civilisations for millennia. Even today, despite all of the progress in the fields of diplomacy and democracy and the ever-growing friendship and tolerance amongst nations, we see we have not shaken this scourge.

People could learn a lot from what took place at Cowra following the breakout of 5 August 1944. Japanese POWs—1,104 of them—broke out of an internment camp. Two hundred and thirty-four of them were killed during that breakout, as well as four Australians—five if you count the one who, sadly, died a little later on at Blayney—but what you saw from that Cowra community is a lesson for the world. I was pleased that Prime Minister Anthony Albanese visited for the commemorations on the weekend before last. It was interesting that, at the press conference, we stood together, Labor and coalition, as one. One of the first questions from the journalists was, 'Don't you find it odd that people from across the political divide are standing together?' No, we didn't. I think the things that unite us as members of parliament are far greater than those that divide us, and Cowra reached its hand of friendship to Japan. It would've been easy at the time to spurn Japan, because some terrible atrocities were committed by Japanese soldiers, the Imperial Japanese Armed Forces, against Australian soldiers at Sandakan, Hellfire Pass and other places, yet Cowra reached out its hand in friendship, and it is now an example to the world of what could and should be done in this instance.

So I commend the member for Moreton for bringing this forward. It is important that we talk about it, but it's more important that we act when we see things that are wrong. When nations of the world see incursions into other countries and the world sees that it is wrong, the world should say so. It should not stand silent, because to stand silent is to allow it to happen and to encourage others to do the same. What we're seeing being done by Russia and by Hamas-led Palestine at the moment is beyond belief, and it needs to end.

Gordon Reid (Robertson, Australian Labor Party) Share this | Link to this | Hansard source

I, too, would like to commend the member for Moreton for bringing forth this incredibly important motion. I also echo the sentiments that were just put forward by the member for Riverina. There is a lot more that unites us in this chamber than divides us, and international humanitarian law and the Geneva Conventions is exactly one of those things.

The number of armed conflicts right across the globe is at an all-time high. We know that the illegal invasion of Ukraine by Russia has shaken that region and the world. There are many other armed conflicts across the globe. More than 110 conflicts are currently happening worldwide, with 2021 to 2023 being some of the deadliest years on record for our planet. There is not a more important time than now to acknowledge the incredible importance of international humanitarian law, also known as the laws of war.

Seventy-five years ago, on 12 August 1949, the cornerstone instruments of international humanitarian law were signed. The four Geneva Conventions set out protections for civilians, humanitarians, journalists, prisoners of war—those that are outside the fight, outside the battlefield. They were agreed by countries right across this world, and they remain a beacon of humanity in these troubling times. They set out the world's agreement that wars have limits. They set out how, regardless of the circumstances, respect for human dignity and respect for human compassion must always guide the actions of parties to armed conflict. Civilians must be protected. Humanitarian relief must be provided, and those who provide humanitarian and medical services must be protected.

Now, we are introducing this motion at a critical time, when the unacceptable cost of armed conflict demands a renewed commitment to our common humanity. We use the opportunity of this important anniversary to reiterate Australia's commitment to promote the protective power of the Geneva conventions and their ability, when duly observed, to protect the safety, dignity and wellbeing of those who are made most vulnerable in times of war and in times of conflict. We call on all states and all parties to conflict to uphold these universally accepted laws. States and parties to conflict must lead by example. Ultimately, respect for international humanitarian law is a question of political will, and we call on states to create a global culture of compliance with international humanitarian law.

Australia is dedicated to alleviating human suffering and protecting civilians in times of armed conflict through the application of this international humanitarian law. We have been a strong supporter of the Geneva conventions since we first signed them in 1950, and we have ratified all three additional protocols. In this divided world, where conflict is rampant, it remains a powerful fact that every state has ratified these laws of war. Every state in the world has decided that limiting the human cost of war is their legal and moral obligation.

We also acknowledge the many neutral and impartial humanitarian actors who continue to provide important and life-saving work for those impacted by the devastation of war. We know that one of those is the International Red Cross and Red Crescent Movement.

Over the last 160 years, the international Red Cross has carried out its work in many international and armed conflicts, developing its activities as the needs arose, monitoring the conditions of prisoners of war and other detainees, and providing medical and humanitarian relief. Likewise, the national Red Cross and Red Crescent societies, like the Australian Red Cross, are there to promote and ensure respect for international humanitarian law. They work with humanitarians to ensure they're prepared to operate in armed conflict, train corporations with a footprint in armed conflict, support training for Australian Defence Force personnel and protect the Red Cross emblems—which does, in fact, save lives in times of conflict.

Zaneta Mascarenhas (Swan, Australian Labor Party) Share this | Link to this | Hansard source

Today is a significant day, and I want to extend my gratitude to the member for Moreton for putting this important motion forward to recognise this day. Not only is today a milestone but it's an opportunity for us to reflect on the importance of the Geneva conventions and their additional protocols.

Seventy-five years ago today, the Geneva conventions were signed and codified, and they established the basic rights of wartime prisoners, civilians and military personnel. The first Geneva convention began in 1864, and almost a century later, in the wake of the immense civilian suffering we saw during World War II, four Geneva conventions were universally accepted by the global community. This was a watershed moment that reflected our shared commitment to protecting human life during conflict. They incorporated the principles of neutrality, protection and care for the wounded, humane treatment of prisoners of war and the protection of civilians. The rules safeguarded civilians, medics, aid workers, the wounded and sick, and shipwrecked troops.

The rules of war matter, and they do so today as they did 75 years ago. Today, in 2024, human rights matter just as much as they did in 1949. They are as relevant today as they were in 1949, and recent events around the world, be it in Ukraine, Palestine or Bangladesh, show us why. I reflect today on the estimated 30,000 civilians who have lost their lives since the Russian invasion of Ukraine. Innocent civilians must not bear the cost of the Russian invasion of Ukraine.

In my electorate, like me, many people are deeply distressed by the suffering of innocent civilians in Gaza. I condemn the death of civilians after the devastating strike by Israel on the Al-Tabaeen school over the weekend. I also unequivocally condemn the attacks on Israel by Hamas on 7 October 2023. It is heartbreaking how many civilians have died in the Israel-Hamas conflict, including 39,000 Palestinians and 1,200 Israelis. Innocent civilians must not continue to bear the cost of the conflict in Gaza. All actors must comply with international humanitarian law. Australia has again called for an immediate ceasefire. We are united in this call and urgently emphasise the need to protect civilians, to release hostages and to facilitate humanitarian aid.

Bangladesh is a country in which I lived for almost a year, and I share the concerns of constituents in my electorate about the conflict there. It is estimated that over 30 innocent children have been killed, and it's believed that hundreds of people were killed during the July protests. We are starting to see some positive movements in Bangladesh, but, again, I will say that innocent children and innocent civilians must not bear the cost of the conflict in Bangladesh.

All these horrific events highlight the importance of recognising the significance of this anniversary and why it is relevant today. Let us use it to remind ourselves of the principles that underpin those treaties and the horrors that inspired their ratification. They are rules that were put in place to limit the horror repeating itself, and the universal ratification of each treaty demonstrates a global consensus to protect human life during armed conflict. At the core are the fundamental principles of humanity. We can turn to the United Nations Universal Declaration of Human Rights to understand these principles: 'All human beings are born free and equal in dignity and rights.' Furthermore, every person is entitled to the same rights and freedoms, irrespective of race, colour, sex, language, religion or political or other opinions. These words hold deep meaning for me. I remember my year 6 teacher at Kambalda Primary School, Mrs Wilson, teaching us about Amnesty International, the rules of law and the need to protect humans. This is something that I hold true today, as I do every other day.

Terry Young (Longman, Liberal National Party) Share this | Link to this | Hansard source

There being no further speakers, the debate is adjourned and the resumption of the debate will be made an order of the day for the next sitting.