Prevention and Punishment of the Crime of Genocide

22 November 2023

I bring to the attention of the House an important anniversary. Saturday 9 December 2023 will mark the seventy-fifth anniversary of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide in 1948. It was the first human rights treaty adopted by the General Assembly of the United Nations and was ratified by Australia in 1949. The United Nations Genocide Convention codified the crime of genocide for the first time in international law and was part of a commitment by the international community to never again repeat the atrocities of the Holocaust and the Second World War. Sadly, since then genocide has remained a feature of modern conflict, including the atrocities committed by the Khmer Rouge in Cambodia in the 1970s and the Rwandan genocide of 1994, to name just two. In order to combat this, 9 December has also served as the United Nations International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of this Crime since 2015. This day serves as a reminder of the genocides of the past and a renewed commitment to stopping genocide in the present and in our future.

Each year, the commemoration of this event highlights a specific aspect of preserving the memory of victims of genocide and strengthening collective global efforts for its prevention. Last year, the day of commemoration focused on the ways that sport can promote social inclusion, bring together communities, and break down cultural and ethnic barriers. The theme for 2023 is a "A Living Force in World Society: The Legacy of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The United Nations has said that this presents an opportunity to reflect on the living legacy of the Genocide Convention and renew the global commitment to prevent genocide amidst concerning rising risk factors for this crime across the world.

The prevention of genocide, in addition to a prohibition on committing it, is a central feature of the Genocide Convention. Further, it is considered by rulings of the International Court of Justice that all States have a responsibility to prevent and punish genocide under international law. Those requirements are tied intimately to the Responsibility to Protect, a global political commitment to end the worst forms of violence and persecution, such as genocide, crimes against humanity and war crimes. The Responsibility to Protect has three key pillars: first, the responsibility of the State to protect its own population from genocide, war crimes, ethnic cleansing and crimes against humanity; secondly, that States must support each other in those efforts; and thirdly, if any State is manifestly failing to prevent genocide or war crimes, other States have a responsibility to take collective action to protect civilian populations. It is clear that Australia has a legal obligation in international law, as well as a moral one, to take steps to condemn and prevent genocide and war crimes when they occur.

Gregory Stanton, one of the world's leading experts on genocide and the founder of the human rights group Genocide Watch, has pioneered research on, and academic analysis of, this atrocity. Through his research, Stanton produced the Ten Stages of Genocide, a model that identifies the risk factors for, and the predictable path of, a genocide. Among the 10 steps are dehumanisation, discrimination, polarisation and classification, which is central to the model. One of most important classifications in modern society is citizenship, and often the first step towards genocide is the removal or denial of citizenship. The model also identifies interventions that may be taken, particularly by other States, to prevent or divert the path of genocide. For example, at the persecution stage, at which point victims of genocide are subject to forced displacement, Stanton recommends direct assistance to victim groups, protection of refugees and mobilisation of humanitarian forces. At the extermination stage, at which point the mass killing of civilian populations begins to occur, Stanton advises that only rapid armed intervention and the establishment of protected refugee escape corridors will stop genocide.

In advance of 9 December, I commemorate all victims of genocide, past and present, and pay tribute to their lives lost. Genocide is an exceptionally grave and important matter. In Australia, and internationally, we must be ever vigilant. I stand in support of the efforts of the United Nations to continue to bring awareness to and prevent the atrocities of war crimes and genocide.