Australia must take strong action against rogue soldiers

Australian soldiers have an excellent reputation for their professionalism and decency overseas. This reputation cannot be compromised.

Scott Morrison announcing the set up of a special prosecutor to deal with any Australian servicemen accused of war crimes in Afghanistan. Picture: Getty Images

The Morrison Government is walking a delicate line in its handling of the bombshell report into war crimes allegedly committed by some Australian Special Forces soldiers in Afghanistan.

As a decent, law-abiding democracy, Australia must take strong action against anyone who does the wrong thing while wearing the Australian uniform.

The Government knows that war is a brutal and imprecise business, but despite this, Australian soldiers have an excellent reputation for their professionalism and decency overseas.

This reputation must be maintained, and cannot be compromised by the apparent behaviour of a few if proven.

On purely political terms, the Government has to be careful not to alienate the defence community, which largely skews conservative and forms an important part of the Liberal and National parties’ supporter base.

MORE: VC hero reacts to war crimes report

Australian Special Forces soldiers serving in war-torn Afghanistan. Picture: Gary Ramage

And putting politics to the side, there is a genuine, anguished debate going on in Canberra about what responsibility governments on both sides, and the wider community, have for soldiers who are found to have stepped outside the bounds of lawful and decent behaviour.

These men – and they are all men – were trained by Australia, and sent to do our dirtiest and most dangerous work overseas. Let’s be honest about what we trained them to do. We trained them to kill people, in our national interest.

Many of them are traumatised and damaged by their experiences and politicians on all sides are acutely aware of this.

Prime Minister Scott Morrison’s lengthy and somewhat awkward preamble to his announcement on Thursday shows how seriously the Government is working not to imply all soldiers are the same.

Contrary to the old saying, all is not fair in love and war, and the Inspector-General of the Australian Defence Force made clear in his annual report last year that he was not investigating “heat of battle’’ situations, but potential breaches of the Laws of Armed Conflict. This included unlawful killings, and cruel treatment of civilians.

Ben Roberts-Smith VC is one of those under investigation. Picture: Ray Strange

Using Australian investigators operating under Australian laws to potentially prosecute any rogue soldiers would effectively keep them out of any international war crime tribunal, and give Australia more control over the process. It would also send a strong message to our allies that the Government and Defence leadership was taking the issue seriously.

Finally, the Government has a second, serious issue to consider internationally, and that is what to do with our most decorated living soldier, Ben Roberts-Smith.

Mr Roberts-Smith is one of those under investigation, and has already been referred to police over the death of a man in Afghanistan. He strongly denies any wrongdoing and is entitled to the presumption of innocence. No charges have been laid.

The holder of a Victoria Cross for Australia and the Medal for Gallantry, he is a war hero and Australia’s only celebrity former soldier. There is no modern precedent for revoking a VC if adverse findings are made against Mr Roberts-Smith. Our allies, particularly those across the Commonwealth, are watching this issue, and the broader inquiry progress, with intense interest.

The Defence all-hours Support Line is a confidential telephone and online service for ADF members and their families 1800 628 036

Open Arms provides 24-hour free and confidential counselling and support for current and former ADF members and their families 1800 011 046, or through SafeZone on 1800 142 072.

Originally published as Australia must take strong action against rogue soldiers