الإجراءات المتخذة:
The Australian Red Cross IHL program now provides briefings and debriefings to all delegates being deployed internationally, including health delegates. Online Health Care in Danger – Rights and Responsibilities training is now mandatory for new Australian Red Cross health delegates deployed through the ICRC and IFRC.
- Australian Red Cross reviewed 4 Commonwealth legislative instruments and 52 state and territory instruments relating to the provision of health care. The report analysed Australian domestic laws relating to the protection of four key areas: medical personnel, facilities, vehicles and the emblem.
- The final report makes three key recommendations and four subsidiary recommendations:
- The three key recommendations are that:
- (1) The Government criminalises acts of impeding access to health care in international and non-international armed conflicts, even where they do no amount to attacks on medical personnel, units and transports;
- (2) The Government criminalises the war crime of committing perfidy in non-international armed conflicts; and
- (3) Inconsistent laws within the States and Territories are harmonised to ensure that health-care personnel in the Australian Capital Territory are specifically protected against assault and obstruction; and in Tasmania against assault and obstruction (not just paramedics and ambulance workers).
- The three key recommendations are that:
Australian Red Cross shared this example of good practice between a National Society and its Government with the Movement Reference Group on Healthcare in Danger on 14 June 2019, and is open to working with other National Societies to assist them to replicate the exercise.
The Australian Red Cross Health Care in Danger Strategy (2018-2020) has four key outcomes. The first two of these outcomes concern the analysis of Australian domestic legislation for consistency with the Health Care in Danger initiative recommendations, and the sharing of our learnings and good practice arising from this process with partner National Societies as outlined above.
The final two outcomes focus on ensuring that ADF personnel and health care personnel deployed to conflict zones by Australian organisations have an appropriate understanding of the legal protections applicable to health care during armed conflict. In advancing these outcomes, we have incorporated protection of health care into all ADF training provided by the Australian Red Cross IHL program. This includes briefings to the Warrant Officer Combat Service Supply Course that has included Army Medical Corps attendees, and more recently, briefing junior Army medical officers as part of the Junior Officer Course. A contingent of ADF medical officers also joined representatives including medical delegates from a range of humanitarian organisations and Government attendees for the 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.
The IHL team is also currently developing resources including e-learning modules in consultation with a private provider of medical services that will soon be available to humanitarian partners on the new IHL hub at www.redcross.org.au/ihl-hub.
Discussions within the humanitarian sector concerning IHL best practice led by Australian Red Cross will continue to have a strong focus on health care. Soon to be completed research from the Humanitarian Advisory Group commissioned by Australian Red Cross concerning the impact and ongoing need for training in IHL and the Humanitarian Principles within the humanitarian sector will provide further impetus for creating a framework for IHL best practice in the sector.