There are currently more ongoing conflicts in the world than in any time since World War II. Within these conflicts there is also a breakdown of the rule of engagement – with an erosion of international humanitarian law and an increasing disregard for the protection of civilians. Mechanisms to bring perpetrators to justice are also being degraded. United Nations Secretary General António Guterres has labelled this an “age of impunity.” This is being further compounded by an emerging era of great power revisionism – where powerful states bristle at rules and norms and seek a return to a world of “might is right.”
Rather than shy away from advocacy, these new conditions require states like Australia to reinforce its commitment to international humanitarian principles and use its voice to be a consistent advocate for international humanitarian law and the protection of civilians. In doing so, Australia can project itself as a moral power.
Australia should not underestimate the influence it can wield, particularly during this emerging geopolitical era, where middle power coalitions will be increasingly important for upholding international laws, rules and norms.
Maintaining the world’s focused attention is a critical component of civilian protection, which means Australia’s voice, and the collective voice of it and its partners on issues of international humanitarian law, needs to be amplified regardless of what other impediments there may currently be.
Should Australia be successful in its bid for a non-permanent seat on the U.N. Security Council (UNSC) in 2029-2030, it can become a champion for more effective international humanitarian law compliance and accountability mechanisms, building on achievements from its 2013-2014 term.
These achievements include authoring and leading negotiations on UNSC Resolution 2117 to restrict the illicit flows of small arms – the first resolution of its kind – and playing a key role in negotiating a series of agreements on the need for enhanced humanitarian access and better protection of civilians – in particular UNSC Resolution 2165 which enabled U.N. agencies to deliver humanitarian assistance across borders without the consent of the Syrian authorities.
This spirit needs to be maintained and enhanced as Australia continues its bid for a U.N. Security Council seat,. but that should not be the end of the story.
Through its defense cooperation, Australia has potential influence to promote the protection of civilians agenda globally. Playing to its capacity-building strengths, Australia is well-placed to empower other governments and militaries to contribute to countries’ own ability to uphold and support international humanitarian law and the protection of civilians, including through implementing programs on Women, Peace and Security (WPS).
Through WPS programs, international humanitarian law and the protection of civilians can be enhanced by promoting recognition of the complex character of civilian populations and the gendered impacts of conflict and its implications for military and governmental decision-makers, as well as humanitarian relief. On the ground, female engagement teams are more capable of reaching women in a deployed environment, and therefore source information that male defense force personnel could not.
Australia is also influential regionally through military training and exercises with Pacific countries, as well as burgeoning security relationships with its Southeast Asian and South Asian neighbors. Here Australia can be creative with its defense diplomacy, with military-to-military engagement able to build constructive and trusting relationships, as well as pragmatic practice sharing around international humanitarian law and the protection of civilians.
As well as its international advocacy, Australia’s recent operational experiences in Iraq and Afghanistan have involved navigating international humanitarian law, the protection of civilians, and rules of engagement in practice – particularly being aware of, and accountable for, its own behavior. Australia’s regular schedule of bilateral and multilateral joint exercises are likewise opportunities for operational knowledge exchange with other militaries that have had recent combat experience. Promoting military compliance with international humanitarian law and accountability for violations is one way Australia can wield influence.
Australia can use its voluntary report on the implementation of international humanitarian law to engage with other states preparing their own compliance reports. This can lead to enhanced mechanisms to track civilian harm; collate and analyze relevant data; report incidents and trends to those concerned; coordinate with stakeholders who can assist in protecting civilians; and take measures to prevent the recurrence of harm to civilians, including by adapting or repeating training.
Australia also has leverage and the ability to influence private companies operating in this space. What a business does or does not do can have important consequences for affected civilian populations, as well as its own employees and assets. Beyond the harm to victims, being complicit in violations of international humanitarian law can negatively impact a business’ reputation, operations, and financial situation, and expose it and its staff to risks of legal liability.
Australia has built a reputation over time as an effective multilateral negotiator, coalition builder, and trusted partner – although its relatively small diplomatic footprint does limit the priorities Australia can pursue simultaneously. These skills are becoming increasingly important as conflicts endure and the laws, rules and norms that should forefront the protection of civilians in conflict zones are challenged or ignored. Australia’s responsibility lies in being a prominent champion of international humanitarian law in concert with other like-minded partners.
This article draws upon elements of the latest report from Asia-Pacific Development, Diplomacy and Defence Dialogue: What does it look like for Australia to promote compliance with international humanitarian law and protection of civilians.