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senate vote 2016-12-01#6
Edited by
mackay staff
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2016-12-03 01:26:44
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Title
Bills — Criminal Code Amendment (War Crimes) Bill 2016; Third Reading- Criminal Code Amendment (War Crimes) Bill 2016 - Third Reading - Pass the bill
Description
<p class="speaker">George Brandis</p><p>I move:</p><p class="italic">That these bills be now read a third time.</p>- The majority [voted in favour](http://www.openaustralia.org.au/senate/?id=2016-12-01.83.1) of passing the [bill](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r5736) in the Senate. In parliamentary jargon, they voted to read it [for a third time](http://www.peo.gov.au/learning/fact-sheets/making-a-law.html). Because the bill has already been passed in the House of Representatives, it will now become law.
- ### What does this bill do?
- According to the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1617a/17bd043), the bill:
- > *... proposes to amend the war crimes offences ... to address some anomalies in the treatment of acts done in the course of a ‘non‑international armed conflict’ with the requirements of international humanitarian law (IHL). These anomalies ... are said to limit the capability of the Australian Defence Force (ADF) to undertake international security operations, and may expose members of the ADF to domestic criminal liability despite acting in compliance with the requirements of IHL.*
- ### Why didn't the Greens support the bill?
- Only the senators from the Australian Greens Party voted against this bill. Tasmanian Greens Senator Nick McKim explained why during his [second reading speech](http://www.openaustralia.org.au/senate/?gid=2016-12-01.73.1). Here's part of what he said:
- > *I think all of us in this chamber would agree it is vitally important to make sure we are all on the same page on what constitutes a war crime in this changing environment and to make sure that our understanding is aligned with international law. Unfortunately, as we have seen so often, the government has fluffed this legislation. In particular, the Attorney-General has fluffed it, which is unsurprising, given his record of political fluffing. In seeking to provide clarity for the ADF, the government has, as it often does, gone too far. Backed by the ALP, it is proposing to weaken safeguards that protect civilians when our forces are involved in overseas conflicts. This is irresponsible and it is negligent. It fails the Australian people, it fails the ADF and, perhaps most importantly of all, it fails innocent civilians who may be caught up in overseas conflict and who, if this bill passes, will be even more vulnerable and at risk of injury and death.*
<p class="speaker">Stephen Parry</p><p>The question is that the bill be now read a third time.</p>
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