75th Anniversary of the Geneva Conventions

13 August 2024

Tonight I commemorate a significant milestone in the history of international humanitarian law: the seventy-fifth anniversary of the Geneva Conventions. Those landmark treaties have created a standard for humanity in a world too often scarred by the horrors of war. They have laid the groundwork for the protection of those who suffer the most in conflict, especially civilians, and have shaped the way the international community responds to the challenges of warfare. Following the horrific and unimaginable atrocities of the Second World War, the international community recognised the need for a more comprehensive legal framework to protect human dignity during armed conflict. The four Geneva Conventions of 1949, which I recognise tonight, addressed the protection of the wounded and sick in armed forces, prisoners of war and civilians. For 75 years they have been the cornerstone of international efforts to safeguard basic standards of human rights, even during conflict. They have been ratified by nearly every country in the world, a testament to their universal acceptance and importance.

One of the most significant achievements of the Geneva Conventions is the establishment of Common Article 3, which extends the protections to civil wars and internal strife. Before its adoption, there was a general reluctance to apply international law to internal conflicts, as they were seen as domestic issues. This article recognises that the suffering of civilians and combatants in internal conflicts is no less severe. Similarly, Article 4 outlines a scope of protections offered to individuals during conflicts or occupations. By defining who qualifies as a protected person, the convention ensures that the most vulnerable, such as civilians and non-combatants, receive legal safeguards against mistreatment by combatants. This protection is fundamental in upholding humanitarian principles during times of war.

The Geneva Conventions have also provided the foundations for the development of additional protocols and treaties such as the 1977 additional protocols, which further enhanced protections for civilians and expanded the legal framework to address the realities of modern warfare. However, the nature of warfare has changed dramatically since both the original 1949 conventions and the 1977 additional protocols. Cyberwarfare, autonomous weapons and other technological advancements pose new challenges that the drafters of the Geneva Conventions could not have anticipated.

The principles of the Geneva Conventions must be upheld. They must also be updated to ensure that they remain effective and relevant in protecting those who suffer the most in modern conflicts. That includes clarifying the application of existing laws to new technologies and ensuring that all parties are held accountable for violations. Two contemporary high-profile examples that highlight the urgent need to both enforce and review the conventions are the ongoing conflicts in Ukraine and in Gaza. Russia's actions in Ukraine blatantly violate the Geneva Conventions, with documented examples including the deliberate targeting of civilian infrastructure, forced displacement of populations and the inhumane treatment of prisoners of war.

The United Nations commission of inquiry on Ukraine has confirmed ongoing war crimes and human rights violations by Russian forces, including attacks on civilians, torture and sexual violence. These violations undermine global peace and highlight the urgent need for accountability and justice for the victims. The Occupied Palestinian Territory has also seen repeated breaches of international humanitarian law over many years. Ongoing settlements, military operations in densely populated areas and the blockade affect the lives of millions and are potentially in breach of the Geneva Conventions. Breaches against Palestinian civilians have only escalated since the horrific attacks on Israel by Hamas on 7 October.

Just this week, an Israeli air strike on a school resulted in over 100 Palestinians killed, including many, many children. The school was sheltering displaced families at the time of the strike. Equally disturbing are allegations of torture and sexual abuse of Palestinian detainees at Israeli military facilities. These acts have shocked the international community, and the United States has labelled them as horrific. The actions in Ukraine and Palestine continue despite international condemnation. The protection of civilians—particularly children—the humane treatment of detainees and the provision of humanitarian aid are not negotiable. They are fundamental rights that must be upheld. As we mark this important anniversary, we must redouble our efforts to ensure that all states adhere to international law and that the principles of the Geneva Conventions are respected in every single corner of the world.

Mr JIHAD DIB (Bankstown—Minister for Customer Service and Digital Government, Minister for Emergency Services, and Minister for Youth Justice): I thank the member for Leppington for such an important and incredible speech on the Geneva Conventions. He touched on some of the local issues that we are seeing around the world at the moment. I have spoken about a number of those issues of late. I particularly note the point raised by the member for Leppington about what it means to sign up to the Geneva Conventions. The conventions are an international set of rules that we all agree on about how to treat people during times of conflict. Obviously the preference is not to have any conflict but, if there is one, there is an expectation that people are treated in a humane, respectful and dignified manner. We have seen and we cannot continue to see fundamental human rights being walked all over. Young children are constantly being killed. They need to be protected. Aid needs to be provided. It is also a responsibility of all nations and the United Nations to continue to enforce the fact that all nations must follow the Geneva Conventions. If we want to build a better world, then we must hold people to account and call them out when they breach these international laws.