Australia and the Development of International Humanitarian Law

Abstract

International humanitarian law is a subject of universal importance and relevance. Since 1974, the problems of restatement and development have engaged the attention of the Geneva Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts. In this article, Professor J. G. Starke, Q.C. surveys developments in international humanitarian law over the last quarter century and examines in detail Australia's contribution to those developments. The process by which the idea of “laws of war” has come to be superseded by the concept of international humanitarian law is outlined, while reference is also made to the principal sources of international humanitarian law. Australia's interest in international humanitarian law since World War II is discussed, as is the background to the present continuing Geneva Conference and proceedings at its first three sessions in 1974, 1975 and 1976. The contribution of Australia to the work of the Geneva Conference is thoroughly examined. In particular, the stance of the Australian government on various issues before the Conference is set forth in detail. The article also assesses Australia's contribution to the development of international humanitarian law.