George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

Yes, I can, Senator Johnston. I can assure you and the chamber that the decision to do so is firmly grounded in international law. As you know, Senator Johnston, article 51 of the Charter of the United Nations recognises that all member states have an inherent right of individual and collective self-defence against armed attack. When Australia decided to respond to the request by the government of Iraq to join the US-led international coalition to defend Iraq from the Daesh insurgency, it relied, as did other participating members of the international community, upon the principle of collective self-defence in article 51. That principle applies to non-state actors and can extend, in an appropriate case, beyond the borders of the requesting state.

The Daesh insurgency has been utterly unambiguous about its ambition to displace the government of Iraq. In doing so, and in engaging in military activity to that end, it does not recognise the border between Iraq and Syria. As we know, many of the Daesh military bases and supply lines are located in eastern Syria. Many attacks are launched from beyond the Syria-Iraq border. I can advise the Senate that earlier this morning the Australian permanent representatives to the United Nations wrote to the President of the Security Council giving notice under article 51 reporting that Australia would be taking measures against Daesh in eastern Syria in support of the collective self-defence of Iraq.