Marise Payne (NSW, Liberal Party, Minister for Defence) Share this | Hansard source

I thank Senator Back very much for his question. In the course of his very important national security statement made this morning in the other place, the Prime Minister announced a small but important legislative change to ensure the Australian Defence Force has the full legal authority needed to target all members of Daesh, including those who may not openly take up arms but who are nonetheless central to the enemy's fighting capability. Currently there is a potential discrepancy between international and Australian domestic law as to when members of organised groups such as Daesh can be targeted with lethal force. This poses a major challenge to the effectiveness of our operations. To meet the evolving national security threat, we have reviewed our policy on targeting enemy combatants and made an important decision that ensures that our forces, and particularly our Air Force personnel, are empowered to act against Daesh in Iraq and in Syria to the maximum extent allowed by international law.

As the Prime Minister said today, the government will move swiftly to introduce the necessary amendments to the Commonwealth Criminal Code that will bring our domestic laws into line with international norms. This means that Australian Defence Force personnel will have the ability to target Daesh at its core—joining with our coalition partners to target a broader range of Daesh combatants, which is consistent with international law. The ADF contribution to the fight against Daesh has been a critical part of the coalition campaign. Our contribution has always been conducted in accordance with strict rules of engagement and precise targeting processes, which are consistent with Australia's international legal obligations.