Permanent Mission of Australia
to the United Nations
New York

15 October 2010 - Statement to the United Nations Sixth Committee regarding the status of the Protocols Additional to the Geneva Conventions of 1949

Statement by Ms Jenna Donsky, Adviser, Permanent Mission of Australia to the United Nations Sixth Committee regarding the status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts. As delivered 15 October 2010.

(as delivered)

Mr Chairman,

The Additional Protocols to the Geneva Conventions play a crucial role in strengthening the existing body of international humanitarian law. They extend crucial protections to civilians in a broader range of conflicts and impose constraints on the way in which military operations may be conducted in order to prevent unnecessary suffering and mitigate the humanitarian impact of armed conflict.

Australia is a strong and consistent supporter of the Geneva Conventions and the Additional Protocols, and is firmly of the view that ensuring States Parties adhere to their existing international legal obligations remains of vital importance.

Mr Chairman,

In 2008, Australia welcomed the entry into force of the Third Additional Protocol to the Geneva Conventions. This Protocol established the red crystal as an additional protective emblem for humanitarian workers free from any religious or political connotation. It contributes to the universality of the Red Cross and Red Crescent movement by providing more flexibility in the choice of emblems by National Societies.

Significant progress has been made to date. More than 53 States have signed the Third Additional Protocol and 47 have ratified. Australia ratified the Protocol in July 2009 and it came into force for Australia under the relevant domestic treaty process in January 2010.

Universal recognition of the Additional Protocols is a vital step in ensuring compliance and the equal protection of all victims of armed conflict. We call on all States that have not yet done to also become Parties to the three Additional Protocols.

Mr Chairman,

Australia is a strong supporter of the objectives of the Convention on Cluster Munitions, which prohibits the use of cluster munitions and commits States Parties to the clearance of those munitions and the provision of assistance for victims and their communities. Australia is committed to ensuring that it meets all of its obligations under the Convention and is engaged in bringing the Convention into force for Australia. In addition, Australia has provided support to countries affected by cluster munitions under our Mine Action Strategy for the Australian aid program for 2010-14, as announced in November 2009.

Mr Chairman,

Australia is also firmly committed to the aims and objectives of the International Criminal Court (ICC). At the recent Review Conference of the ICC Statute, held in Kampala in June 2010, Australia pledged, for 2010, 100,000 Euros to the ICC Trust Fund for Victims. Through this fund, Australia will provide support to victims of harm resulting from crimes under the jurisdiction of the ICC, to rebuild their families and communities.

Mr Chairman,

Australia also wishes to acknowledge the steadfast efforts of the International Committee of the Red Cross (ICRC) as the guardian of international humanitarian law. The ICRC undertakes valuable work to ensure that persons caught in armed conflict are afforded the protections to which they are entitled.

The ICRC continues to promote understanding about the rules of international humanitarian law, including through the clarification of complex areas of law. We welcome the ICRC’s close collaboration with States on tackling future challenges in armed conflict.

Thank you.