Report on resolution 4:
– Date: 09.12.2019
– Country: Australia
– Type of entity: State
– What legislative, regulatory and practical measures have you adopted and implemented domestically to ensure the protection of the wounded and sick, health-care personnel, facilities and medical transport, as well as their identification (including through the distinctive emblems)? What about the measures to ensure the violations of international law related to the protection of health-care delivery are effectively sanctioned? Which ministry, government agency, legislative or regulatory organ has been responsible for implementing these measures?
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 provided financial support to the Australian Red Cross (ARC) 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. 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. Should the accused be a civilian, the Commonwealth Director of Public Prosecutions may be authorized to prosecute.
– Which concrete actions have you conducted to collect and analyze data related to violence against health care? How did you use this information to develop practical measures to address such violence?
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.
– Which actions have you undertaken to enhance the understanding by health care personnel of their rights and responsibilities resulting from applicable law and to ensure that they can safely fulfil their medical duties in line with their professional codes of ethics?
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 Master of Public Health program. The ADF conducts regular and continuous training of all its personnel, including health care personnel on their rights and responsibilities under IHL. This training is also incorporated into exercises. The force protection and logistical support to health care personnel is taken into account in operational planning.
– How have you been cooperating across various Ministries of Government, and with other relevant stakeholders, including the Red Cross Red Crescent Societies, health-care professional associations and civil society, in your country to increase the safety of provision of and access to health care?
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. ADF officers receive training on the protection of health care through the ARC IHL program. Government officials from the Department of Foreign Affairs and Trade, Department of Defence and ADF have taken part in the ARC’s annual International Law and Humanitarian Action in Conflict course, held over three days at the Melbourne Business School. Expert guest presenters covered a range of topics that included protection for health care workers and humanitarian access. Additionally, Australia has a long running relationship with Geneva Call, funding the organisation’s work to engage non-state armed groups and inform, educate and sensitize them on the need to protect health care facilities, personnel and medical transports, and encourage them to sign up to the Deed of Commitment prohibiting such attacks.
– How do you ensure that the protection of the wounded and sick and healthcare services is integrated into training, doctrine and operational orders and procedures for your armed and security forces whether at the national level or in the context of international operations they are contributing to?
Please see responses to questions above.
– Country: Australia
– Type of entity: State
– What legislative, regulatory and practical measures have you adopted and implemented domestically to ensure the protection of the wounded and sick, health-care personnel, facilities and medical transport, as well as their identification (including through the distinctive emblems)? What about the measures to ensure the violations of international law related to the protection of health-care delivery are effectively sanctioned? Which ministry, government agency, legislative or regulatory organ has been responsible for implementing these measures?
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 provided financial support to the Australian Red Cross (ARC) 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. 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. Should the accused be a civilian, the Commonwealth Director of Public Prosecutions may be authorized to prosecute.
– Which concrete actions have you conducted to collect and analyze data related to violence against health care? How did you use this information to develop practical measures to address such violence?
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.
– Which actions have you undertaken to enhance the understanding by health care personnel of their rights and responsibilities resulting from applicable law and to ensure that they can safely fulfil their medical duties in line with their professional codes of ethics?
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 Master of Public Health program. The ADF conducts regular and continuous training of all its personnel, including health care personnel on their rights and responsibilities under IHL. This training is also incorporated into exercises. The force protection and logistical support to health care personnel is taken into account in operational planning.
– How have you been cooperating across various Ministries of Government, and with other relevant stakeholders, including the Red Cross Red Crescent Societies, health-care professional associations and civil society, in your country to increase the safety of provision of and access to health care?
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. ADF officers receive training on the protection of health care through the ARC IHL program. Government officials from the Department of Foreign Affairs and Trade, Department of Defence and ADF have taken part in the ARC’s annual International Law and Humanitarian Action in Conflict course, held over three days at the Melbourne Business School. Expert guest presenters covered a range of topics that included protection for health care workers and humanitarian access. Additionally, Australia has a long running relationship with Geneva Call, funding the organisation’s work to engage non-state armed groups and inform, educate and sensitize them on the need to protect health care facilities, personnel and medical transports, and encourage them to sign up to the Deed of Commitment prohibiting such attacks.
– How do you ensure that the protection of the wounded and sick and healthcare services is integrated into training, doctrine and operational orders and procedures for your armed and security forces whether at the national level or in the context of international operations they are contributing to?
Please see responses to questions above.
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