Christopher Back (WA, Liberal Party) Share this | Link to this | Hansard source

My question is also to the Minister for Defence, Senator Payne. I ask if the minister can advise the Senate on legislative changes announced by the Turnbull government today which will better enable the Australian Defence Force to target Daesh at its core in Syria and in Iraq?

Marise Payne (NSW, Liberal Party, Minister for Defence) Share this | Link to 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.

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Back—a supplementary question.

Christopher Back (WA, Liberal Party) Share this | Link to this | Hansard source

I thank the minister for her answer and ask if she can inform the Senate why the ability to better target Daesh is so important?

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

It is true to say that the actions of Daesh remain a major threat to regional and to international security. As a member of the global coalition, and at the request of the Iraqi government, Australia already makes one of the largest contributions to disrupt and degrade Daesh in both Iraq and Syria.

With the expansion of our offensive operations into Syria in late 2015, it became clear that our domestic laws governing the conduct of operations had some inconsistency with international law, and, indeed, did not actually meet what was the ever-changing threat of terrorism. That is why the changes that the government has announced today are so important. We will continue to apply the strict rules of engagement and precise targeting processes which guide our operations, consistent with our international legal obligations. But members of Daesh and those contemplating joining them should be under no mistake: we will act against you— (Time expired)

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Back—a final supplementary question.

Christopher Back (WA, Liberal Party) Share this | Link to this | Hansard source

I ask if the minister could provide the Senate with an update on broader Australian efforts in the fight against Daesh in both Syria and in Iraq?

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

I can, and I thank the senator for his question. The men and women of the ADF are making a very significant difference in Iraq and in Syria every day. Three weeks ago I visited the Middle East and met with many of the deployed members and task force commanders, as well as the Iraqi defence minister and Prime Minister al-Abadi.

From my visit, it is clear that the support that the ADF provides as part of the international coalition in the battle against this violent extremism is absolutely essential, whether they are from the building partner capacity mission, from the Special Operations Task Group or the Air Task Group. Daesh is not the fighting force it once was—it has lost close to half of its territory in Iraq and about 20 per cent in Syria, and its number of fighters has been very significantly cut—so our contribution to the fight is working. But the task of security and stability in Iraq remains a continuing and very important one.