Diwaka Prakash, Assistant Director, International Legal Branch, Department of Foreign Affairs and Trade, Australia Diwaka.prakash@dfat.gov.au
AIRCDRE Chris Hanna, Director General, ADF Legal Services, Department of Defence, Australia chris.hanna@defence.gov.au
The Geneva Conventions Act 1957 (Cth) remains in force. This Act penalises the misuse of the Red Cross and other associated emblems, in order to maintain their integrity for the identification and protection of healthcare personnel and facilities.
The Australian Government also provides financial support to the Australian Red Cross through the Grants to Australian Organisations Program to assist it in monitoring the use of the Red Cross emblem, and conducting public awareness campaigns that raise community awareness about the correct use of the emblem.
Australian Defence Force (ADF) Health doctrine sets out the obligation to care for the wounded and sick in accordance with Geneva Convention requirements.
ADF International Humanitarian Law (IHL) doctrine sets out obligations with respect to the protection of health care personnel and facilities, including the use of the distinctive emblems. .
The Commonwealth Criminal Code Division 268.65 makes in an offence to use medical personnel has human shields (a person intends to use medical personnel to render a military objective immune from attack, or to shield, favour or impede military operations)
The Commonwealth Criminal Code Division 268.66 (which applies in international armed conflict) and Division 268.78 (which applies in non-international armed conflict) makes it an offence to attack a person, building, medical unit or transport or other object which is using, in conformity with the Geneva Conventions, any of the distinctive emblems of the Geneva Conventions.
The ability to prosecute violations of the war crimes set out above.
This could be done through the military chain of command, in which case a prosecution would be brought by the statutorily independent Director of Military Prosecutions, of by a civilian, by the Commonwealth Director of Public Prosecutions.
Operational reporting and analysis covers a wide range of data including that described above. These types of incidents receive heightened scrutiny. Operational planning takes into account all available information, and if it was considered necessary practical measures would be put in place to address such violence.
The Australian Government has provided support through the Grants to Australian Organisations Program to the ARC to support the ARC’s work in disseminating international humanitarian law, including as it relates to health care. In the 2015/16 financial year the Australian Government’s financial support assisted the ARC to deliver a customised international humanitarian law course tailored for medical students and professionals, as well as presentations at two medical student conferences, and as part of the Monash Masters of Public Health program.
The ADF conducts regular and continuous training of all its personnel, including health care personnel or their rights and responsibilities under IHL. These are also incorporated into exercises.
Diwaka Prakash, Assistant Director, International Legal Branch, Department of Foreign Affairs and Trade, Australia Diwaka.prakash@dfat.gov.au
AIRCDRE Chris Hanna, Director General, ADF Legal Services, Department of Defence, Australia chris.hanna@defence.gov.au
As described above, the Australian Government supports the ARC through the Grants to Australian Organisations Program to conduct activities that disseminate international humanitarian law principles, including as it relates to health care.
Please see our responses to questions above.
- Resolution 3 : Sexual and gender-based violence: joint action on prevention and response
- Resolution 3 : Sexual and gender-based violence: joint action on prevention and response