Report on – 33rd IC Resolution 1: Bringing IHL home: A road map for better national implementation of international humanitarian law (33IC/19/R1) – Australia

Has your State/National Society/Institution incorporated the commitments contained in this resolution into the relevant strategic or operational plans?

The commitments are incorporated into:
Strategy
Policy
Operational plan

At the International, Regional, National level

Explanation:

• Australia is publishing a voluntary report on our implementation of international humanitarian law (IHL) at the domestic level in response to the Open Pledge to Report on the Domestic Implementation of International Humanitarian Law. The report sets out the steps Australia has taken – and continues to take – to domestically implement its IHL obligations (OP 2/OP 13). The report will help to improve understanding of IHL. It will encourage and inform dialogue on IHL issues domestically (OP 3).

• Australian Red Cross (ARC) is progressing a Pacific Partnership Project, led by ARC, New Zealand Red Cross and the International Committee of the Red Cross (ICRC) Mission in Australia, with support from the Swiss Embassies in Australia and New Zealand. This project is aimed at enhancing collaboration between National IHL Committees (NIHLCs) in the Pacific region. As part of the project, representatives from National Societies, Governments and NIHLCs in the region are being invited to attend a hybrid conference in the week beginning 22 July 2024 in Wellington, New Zealand (OP 5).

• Australia’s NIHLC serves as a useful platform for continued dialogue on IHL issues, including in relation to the commitments contained in this Resolution. The NIHLC meets regularly to, among other things, promote dialogue and cooperation on IHL principles, obligations and priorities, as well as IHL implementation and dissemination in Australia.

Has your State/National Society/Institution been working with other partners to implement the commitments contained in this resolution?

Partner with:
National Red Cross or Red Crescent Society in your country
Government and/or public authorities
Other National Red Cross or Red Crescent Societies
Humanitarian and development partners (e.g. UN, NGOs etc.)
Academia

Examples of cooperation:

Australian Red Cross (ARC)

ARC participated in and presented at the Sixth Commonwealth Red Cross Red Crescent Conference on IHL on 15-19 April 2024 in Pretoria, South Africa, which was useful to prepare for the 34th International Conference of the Red Cross and Red Crescent.

Since 2021, ARC has been working in partnership on the ‘digital emblem’ initiative with the ICRC. In 2021, ARC organised and facilitated global consultations with over 40 geographically, professionally and gender diverse cyber experts, resulting in a report assessing the risks, challenges and benefits of a digital emblem, with experts concluding that a digital emblem could enhance protection for the digital assets of medical and humanitarian actors. Currently, ICRC and ARC are engaged in a global consultation process, with ARC leading the diplomatic consultation process within the Movement, and ICRC leading the diplomatic consultation process with States. As part of this project, and in preparation for the 34th International Conference in October 2024, ARC has established a Movement Working Group, with representatives from over 20 National Red Cross and Red Crescent Societies.

The Australian Government’s voluntary report on Australia’s implementation of IHL at the domestic level was prepared with the assistance of ARC.

Indo Pacific Centre for Military Law (IPCML)

The Indo Pacific Centre for Military Law (IPCML) hosted officers from around the region to attend a ‘Law of Peace Operations’ Course in February 2024, as well as a ‘Rules of Engagement’ Course in May 2024. Representatives from the Australian Government Department of Defence (Department of Defence) were involved as presenters at both courses.

On 21-23 May 2024, the IPCML partnered with ARC to jointly deliver the fourth iteration of the International Law and Humanitarian Action in Conflict Course. The course provided foundational level knowledge about key bodies of international law that generate rights and obligations during armed conflict and how these laws apply practically. The course included presentations from Australian Defence Force (ADF) and ARC legal officers, academics and representatives of the UNHCR, ICRC, Doctors Without Borders, and the Australian Civil-Military Centre.

At the invitation of the Japanese Ground Self-Defence Force, the IPCML presented at the Kodaira Legal Research Symposium in late June 2024 in Tokyo, Japan. The theme was ‘Legal Lessons in Current International Conflicts’, and other government and military representatives from the United States and the Republic of Korea were also invited to present, along with presentations from Japanese academics and eminent persons, including former International Criminal Court Judge Kuniko Ozaki, and the Japanese head of the ICRC’s delegation to Japan.

Planning is underway for the IPCML’s fourth year of contributing to Indo-Pacific Endeavour (IPE). IPE is Australia’s flagship regional engagement activity, which supports the Australian Government’s focus on deepening diplomatic and defence partnerships in the Indo-Pacific and reinforces Australia’s commitment to a peaceful, secure and prosperous region. Between August and December 2024, the IPCML will deploy Mobile Training Teams to conduct a range of international law workshops and exchanges in several of the 14 nations involved in IPE.

Have you encountered any challenges in implementing the commitments contained in this resolution?

Have the commitments contained in this resolution had an impact on the work and direction of your State/National Society/Institution?

Type of Impact:
Cooperation between Government/public authorities and National Society has been strengthened
Innovative tools/methodologies have been developed and are utilized
Partnerships with other humanitarian actors have been created or enhanced
Increase in mobilization of resources
Training and capacity of staff and volunteers has increased (for National Societies)

Details about the impact:

The Australian Government and ARC have organised various IHL training and dissemination events, both independently and jointly, on a range of IHL topics.

On 16-18 April 2024, the Department of Defence hosted the second Expert Meeting on the Legal Review of Autonomous Weapons Systems (LAWS). The meeting was planned and facilitated with an internal and external planning team comprised of Department of Defence staff and the University of Queensland TC Beirne School of Law. Experts (including from ARC) attended the workshop, participated in discussions regarding their perspectives on different legal review processes, and discussed the draft elements, commentaries and questions for discussion on the Elements of Good Practice in the Legal Review of AWS.

In April 2024, the Oslo Conference on the Explosive Weapons in Populated Areas Political Declaration (EWIPA) was held. The Department of Defence was involved in reviewing talking points and statements for Australia’s participation in the Conference. Content included how Australia incorporates EWIPA into its policies and procedures, including the recently-published LOAC Doctrine and training in IHL conducted by the Military Legal Training Centre.

The Department of Defence is currently in the process of drafting a new Laws of Armed Conflict Manual (LOAC Manual). The LOAC Manual will provide comprehensive guidance on LOAC for the planning and conduct of ADF operations in armed conflict and detail the responsibilities and obligations of ADF members.

ARC has increased IHL training and dissemination efforts to a range of stakeholders including to Government, military, private, legal and humanitarian sectors as well as ARC staff and volunteers, including by having:

• delivered annual and ad-hoc IHL training to over 250 government officials from the Australian Public Service and ADF personnel between 2022 and 2024;
• delivered annual training on International Law and Humanitarian Action to Government, ADF, and Humanitarian participants, in partnership with the IPCML;
• delivered biannual IHL Symposiums with the Australian Humanitarian Sector;
• delivered a range of ‘Continued Legal Education’ courses on IHL to lawyers and top-tier law firms;
• worked with Australian humanitarian organisations to deliver a series of ‘IHL in Context’ webinars;
• developed tailored IHL guidebooks to Australian Government officials and Australian humanitarians and health professionals;
• partnered with the private and academic sectors in Australia to produce a series of innovative tools, aimed at enhancing IHL awareness and implementation among private business entities and non-law tertiary institutions, such as business schools;
• continued IHL training to military medical and religious personnel; and
• cooperated with academic institutions and individuals to further IHL debate and education.

Have the commitments contained in this resolution had an impact on the communities that your State/National Society/Institution serves?

Description of the impact:

Recognising that, to have a meaningful impact at a community level, building a culture of compliance through outreach to various stakeholders and audiences is essential, ARC has:

• supported the Australian Law Students’ Association to facilitate their annual IHL Moot Competition, which is open to all Australian undergraduate law students and have also supported an Australian team to compete in the annual Asia Pacific IHL Moot Competition in Hong Kong;
• included IHL when briefing ARC delegates going on ICRC missions. Content covered looks at IHL protections and obligations for humanitarian workers, the Fundamental Principles and the use of the distinctive protective emblems. Debriefings for delegates on return from mission support ARC’s awareness of where delegates have used their IHL knowledge, and may include sharing on any relevant protection issues reported to the responsible person while deployed;
• designed and delivered compulsory IHL induction e-learning modules for ARC staff, which supports ARC people understanding IHL and ARC’s role to promote and ensure respect for it. Similarly, induction supports ARC people to understand and leverage membership of the International Red Cross and Red Crescent Movement, use and protect the distinctive emblems, and use the Fundamental Principles to guide all ARC’s activity. This work supports ARC to fulfil its humanitarian mission and more particularly, its mandate as a humanitarian auxiliary to the public authorities;
• held a ‘war in cities’ exhibition in Melbourne, along with a panel discussion, to highlight the devastating consequences of urban warfare;
• held in-person and online ‘IHL movie nights’ featuring expert discussion on IHL and films such as A Private War, Eye in the Sky, Watander: My Countryman and For Sama;
• held an online book club on ‘Laws and the Impact of War’, featuring discussions on IHL and relevant novels with esteemed speakers on a diverse range of pertinent topics.
Noting that further work needs to be done around measuring the impact of IHL dissemination and compliance on communities, since 2019, ARC has been progressing research to learn more about the value and impact of IHL knowledge and training within the Australian humanitarian sector.