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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-07-16 Daily Xml
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GENEVA CONVENTIONS

The Hon. M.J. ATKINSON (Croydon—Attorney-General, Minister for Justice, Minister for Multicultural Affairs, Minister for Veterans' Affairs) (12:56): I move:

That this house—

(a) notes the 60th anniversary of the Four Geneva Conventions of 1949;

(b) congratulates the International Red Cross and Red Crescent Movement on its continuous fostering of the principles of international humanitarian law to limit human suffering in times of armed conflict and to prevent atrocities, especially against civilian populations, the wounded and prisoners of war;

(c) recalls Australia's ratification of the conventions and of the two additional protocols of 1977;

(d) affirms all parliamentary measures taken in support of such ratification at the national level with cross party support;

(e) encourages the fullest implementation of the conventions and additional protocols by the military forces and civilian organisations of all nations;

(f) encourages ratification by all nations of the conventions and additional protocols;

(g) notes that Red Cross was formed in Australia in 1914 and that Australian Red Cross is represented on the government board of the International Federation of Red Cross and Red Crescent societies; and

(h) recognises the extraordinary contribution made by many individual Australians, including Australian Red Cross members, volunteers and staff in the state of South Australia, for the practical carrying into effect of the humanitarian ideals and legal principles expressed in the conventions and additional protocols.

The date 12 August 2009 marks the 60th anniversary of the Geneva Conventions. There were additional protocols in 1977. The Geneva Conventions consist of four treaties and three protocols. Most commonly, these four treaties and three protocols are referred to in the singular as the Geneva Convention, which represents their updating in 1977 and the addition of the fourth treaty. The four treaties cover these areas:

1. The amelioration of the condition of the wounded and sick in armed forces in the field.

2. The amelioration of the condition of wounded, sick and shipwrecked members of armed forces at sea.

3. About the treatment of prisoners of war.

4. About the protection of civilian persons in time of war.

The three protocols of the convention deal with the protection of victims of international armed conflicts; the protection of victims of non-international armed conflicts; and the adoption of an additional distinctive emblem for medical services. These treaties and protocols are the basis of international humanitarian law. International humanitarian law is the set of international rules that seek to limit the effect of armed conflict on people, with the aim of reducing suffering.

Australia has ratified the Geneva Conventions, and the domestic implementing legislation (the Geneva Conventions Act 1957) deals specifically with the capacity for Australia to prosecute those accused of breaches of the laws of war, as well as the correct use of the Red Cross emblem. The International Red Cross and Red Crescent Movement has a specific mandate under international humanitarian law and promotes these laws.

Australian Red Cross has an international humanitarian law program that engages with those who most use this area of law, such as the Defence Force, Australian Federal Police and humanitarian workers. Australian Red Cross also promotes international humanitarian law to journalists, students, the legal vocation and the public.

Some of the obligations found in international humanitarian law relate to the work of states and territories. This includes the requirement to disseminate knowledge of the law 'so that the principles thereof may become known to the entire population', and I quote there from Article 144 of Geneva Convention IV. This means international humanitarian law should be taught in schools.

The Geneva Convention also requires the correct use of the Red Cross emblem and that military installations are established at a distance from civilian infrastructure. Every state and territory across Australia has a Red Cross International Humanitarian Law Committee, which focuses upon the dissemination of knowledge about international humanitarian law within the state.

The anniversary of the Geneva Conventions is also a time to recognise and celebrate the work of the Australian Red Cross, the International Red Cross and Red Crescent Movement.

The Australian Red Cross, founded in 1914, only days after the declaration of the Great War, has continued its work in Australia since that time, with today an estimated 60,000 volunteers and members delivering programs and support in Australia.

I commend this motion and, in recognising the significance and importance of the anniversary of the Geneva Conventions and their impact on humanitarian law, congratulate the Red Cross in Australia and, in particular, South Australia for its service to society in Australia and abroad.

Debate adjourned on motion of Mr Venning.


[Sitting suspended from 13:01 to 14:00]


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