Richard Marles doubles down on war crimes promise after Ben Roberts-Smith outcome

The Ben Roberts-Smith defamation finding is just one step in holding soldiers accountable for alleged Afghanistan war crimes.

Deputy Prime Minister Richard Marles says failing to implement the recommendations of the Brereton report to the extent possible would lead to Australia “being judged by history”.

Speaking in the wake of a historic finding against Australia’s most decorated veteran, Ben Roberts-Smith, Mr Marles – also the Defence Minister – said he was reluctant to comment given it was a civil case, but recommitted to the “significant” work of the Brereton inquiry.

On Thursday, the Federal Court found Mr Roberts-Smith – a Victoria Cross recipient – was not defamed when Nine newspapers called him a war criminal, murderer and bully, but the judge held the claims to be ‘substantially true’.

Mr Marles would not be drawn on whether the findings would diminish the standing of the Australian Defence Force, and especially the Special Air Service.

“But what I would say, putting the case to the side, is the Brereton Report was a remarkable … piece of work, that really did seek to have Australia hold itself to account against the highest standards,” Mr Marles told Sky News.

Ben Roberts-Smith was found not to have been defamed when he was called a war criminal, murderer and bully by the Nine newspapers. Picture: NCA NewsWire / Christian Gilles

“It offered the nation an opportunity. We as a government want to do everything in our power to implement the recommendations of the report to the fullest extent, and that’s the path that we will walk.

“ … To do anything else (but fulfil these recommendations) would be for us to be judged by history. And at the end of the day, what matters is the sanctity of our defence force and the sanctity of our nation.”

The Brereton inquiry into alleged war crimes in Afghanistan, which handed down its report in 2021, found credible evidence 39 Afghan civilians were killed by Australian special forces during the war.

It identified 25 current or former ADF personnel as alleged perpetrators, either as principals or accessories.

Mr Roberts-Smith’s trial has been running simultaneously with an investigation by the government agency responsible for probing alleged war crimes by Australian soldiers.

The Office of the Special Investigator, in conjunction with the Australian Federal Police, is set to hand its first brief of evidence to the commonwealth in the months ahead.

Already, one soldier has been charged with murder. It’s estimated there are up to 50 allegations which could be pursued.

Defence Minister and Deputy Prime Minister Richard Marles said the government was committed to implementing the recommendations of the Brereton inquiry. Picture: NCA NewsWire / Christian Gilles

As for whether the Australian War Memorial should remove its shrine to Mr Roberts-Smith, Mr Marles said the government would not seek to intervene.

“That’s a matter for the War Memorial. Again, I emphasise that while there has been a lot of attention, this is a civil case,” he said.

“Where we relevantly engage is through Brereton.”

The War Memorial is considering adding content or context to its display.

The government has also been reluctant to commit to rescinding Mr Roberts-Smith’s medals.

This week, the Chief of the Defence Force Angus Campbell stood firm in the face of intense grilling at Senate Estimates over his intention to strip the medals from soldiers accused of war crimes.

On Friday, Prime Minister Anthony Albanese left the door open for further action against the decorated soldier.

“It would be inappropriate to comment on the detail of that, given the potential that is then there for future action that the government might be a party to,” he said from Singapore.

“With regard to our international standing … Australia’s international standing is extraordinarily strong, including the standing of our Defence forces and our Defence personnel.”

Mr Marles echoed Mr Albanese on Sunday, saying Brereton offered Australia and its defence force the best way forward.

“And that’s actually the path which in our view means that the standing of our defence forces, the standing of the SAS, the standing of the nation is maintained,” he said.

Originally published as Richard Marles doubles down on war crimes promise after Ben Roberts-Smith outcome