magazine Issue 1, 2014 100years ofAustralian Red Cross andIHL Inside this issue Editorial a century of war and peace: Welcome to this edition of the International Humanitarian Law Magazine, Australian Red Cross and the celebrating and reviewing 100 years of Australian Red Cross and international development of international humanitarian law (IHL). humanitarian law – by Professor Tim McCormack – page 3 The International Red Cross and Red Crescent Movement is inextricably linked the Geneva Conventions – the international laws that set out the the development of IHL since responsibilities and protections that apply during armed conflict. The 1914 and the influence of World Conventions establish the unique place of Red Cross and Red Crescent War I – by Geoff Skillen – page 6 National Societies during times of armed conflict, entrusting them to perform searching for news: World War I all their duties pursuant to the Fundamental Principles, including Impartiality tracing – by WGCDR Annie Trengove and Neutrality. – page 8 Just like the International Committee of the Red Cross before it, Australian when the ‘Flying Red Dragon’ lashed Darwin – by Dan Baschiera Red Cross was born out of war – in August 1914, just nine days after the and Kyla Raby – page 10 outbreak of World War I. What enormous work-loads and challenges it would confront in its first four years – from nursing the shattered victims of war to the ICRC in Australia in World initiating national tracing services, searching for the missing and sending news War II – by Andrea Lunt – page 12 from the front to anxious families at home. never again: prisoners of war under the Japanese Even today the presence of peace does not separate Australian Red Cross – by Julia Hartelius – page 14 from armed conflict. Many clients in our Migration Support Programs come directly from its horrors. Today, instead of sending Voluntary Aides abroad to a century of memories the front line, we have a thriving delegate program, with Australian Red Cross – collage provided by the Queensland specialists heading to war-torn parts of the world. The Conventions also set IHL Committee – page 16 the task of teaching the content and humanitarian values of IHL to military the women of the Australian Red forces and to the broad civilian population. In Australia, the Government Cross Field Force in Vietnam shares this important responsibility with Australian Red Cross. – by Dr Jennifer Mora and Julia Hartelius – page 18 Red Cross and the Geneva Conventions truly live, breathe and stand together. negotiating the protocols: key It is fitting that the articles of this special Centenary IHL magazine are all IHL work of the 1970s contributed by ‘Red Cross people’ from around Australia. We thank them – by Dr Keith Suter – page 20 for many years of commitment to the dissemination task, and are proud to the Australian Defence Force publish their words, in acknowledgement of their distinct areas of expertise, and Australian Red Cross experience and research. international humanitarian law Follow their stories from across the decades - amongst others, from World relationship: interactions since the 1990s – by GPCAPT Chris Hanna War II and Vietnam, to the advent of the Additional Protocols in the 1970s – page 22 and the International Criminal Court in 2002, to the landmark Australian Red Cross advocacy campaign against anti-personnel landmines in the 1990s. Red Cross and landmines advocacy – by Professor William Maley Please enjoy this testament to the work of international humanitarian law in – page 24 times past. It fills us with confidence to see how Australian Red Cross has Australia’s road to ratification evolved over its 100 years to respond to the changing face of warfare. As of the International Criminal we face arguably our greatest threat to humanity – the continued existence Court – by The Hon. David Harper of nuclear weapons – we must continue to raise issues of critical humanitarian – page 26 concern and disseminate the fundamental tenets of IHL to every corner of Australia and abroad via the Movement. taking IHL off the bookshelf: dissemination in practice The opportunity to pause and reflect on how far we have come in our 100 – by Emily Camins – page 28 years is crucial in ensuring our continued success as we look to take on ever the next 100 years more pressing humanitarian challenges in the future. – by Dr Carrie McDougall – page 30 Disclaimer: the articles contained within Michael Legge Robert Tickner represent the views of the authors and not President Chief Executive Officer necessarily those of Australian Red Cross. Australian Red Cross Australian Red Cross a century of war and peace: Australian Red Cross and the development of international humanitarian law By Professor Tim The British declaration of war mere fourteen years of Federation had McCormack, Foundation on Germany on 4 August 1914 not dimmed allegiances. automatically implicated all of the Australian Red Cross Australian Red Cross was established Dominions, including Australia, as a branch of the British Red Chair of IHL at The Canada, New Zealand and South Cross Society within days of University of Melbourne, Africa. There was no sense of Britain’s declaration of war. That this 1996 - 2010 resentment in this country at inauguration was necessitated by the having been dragged unwillingly into someone else’s war. On the outbreak of war was simultaneously contrary, antipodean patriotism to the lamentable but historically consistent motherland was strong and young - echoing as it did the birth of the men from every colonised corner of International Committee of the Red our vast land rushed to enlist. This Cross (ICRC) just 50 years prior in the early twentieth century enthusiasm for aftermath of the Battle of Solferino. Empire is unsurprising. All Australian The ICRC was established in 1863 Private John Simpson Kirkpatrick of the and, in the following year, the 1864 3rd Field Ambulance working in Shrapnel Gully states had experienced more than a at Anzac Cove, with a wounded soldier century of British colonial rule before Geneva Convention was the first on Duffy, his donkey. Photo: AWM the outbreak of the Great War and a multilateral treaty to regulate the IHL magazine 3 Society for the promotion of IHL. Few, if any, other National Societies have a dedicated IHL Officer in every State and Territory all engaging with key stakeholders, in particular Defence Forces and academia, in their respective jurisdictions. We are fortunate to be among a small number of National Societies that have a National Advisory Committee on IHL drawing together representatives from all the key Commonwealth Government agencies and academia and influential in the development of national government IHL-related policy (Australia’s ratification of the Rome LTCOL Edward ‘Weary’ Dunlop, with LTCOL A.E. Coates, at the Nakom Paton Hospital for Statute, the Oslo Cluster Munitions recovered prisoners of war, Thailand, September 1945. Photo: AWM Convention, the UN Small Arms conduct of war on land. Australian Transfer Treaty for example). Unlike many Red Cross will always be precisely I am often asked by visiting ICRC 50 years younger than the world’s delegations to explain the level of other nations foundation IHL treaty. interest in IHL in Australia: attendance When Lady Munro-Ferguson, wife levels at IHL-focused public events with proud of the then Governor General, wrote here are striking; many Australian to her vice-regal spousal colleagues law schools offer IHL courses and military histories, and called on lady mayoresses numerous research higher degree and wives of mayors everywhere students working in the field; Australia our wartime to form Red Cross groups, her call has the highest per capita readership was predominantly to women – an of the ICRC’s flagship bi-monthly inevitable concomitant of exclusively publication, the International Review heroes who male enlistment to fight. Her of the Red Cross; both the ICRC focus was on what would now be Mission in Australia and Australian have become considered a very narrow aspect of Red Cross enjoy a significant level substantive IHL - the mobilisation of of engagement with the ADF, and emblematic of first aid skills as well as the provision the ICRC is consistently laudatory of of medical supplies to the frontline. ADF implementation of IHL in military cherished values That relatively narrow focus was operations and of ADF transparency entirely consistent with the focus of in its operational interactions with the are humanitarian the ICRC in 1863 and undoubtedly ICRC. The significance of Australian helpful in launching the Australian Red Cross involvement in IHL has figures: a chapter of what was by then an steadily developed in the last third effective global volunteer movement. of the organisation’s history – since In the 100 years since, Australian Red the adoption of the Two Additional stretcher-bearer Cross has developed many practical Protocols to the Geneva Conventions and significant programs all worthy and, subsequent to which, Australian from World War I, of further analysis but my emphasis Red Cross established its National is on the development of IHL IHL Advisory Committee, appointed and a military throughout this impressive century of IHL Officers and became much more humanitarian action. engaged with the ADF. physician from Australian Red Cross has a deserved But developments over the previous reputation throughout the entire Red three decades have been possible World War II. Cross world as a leading