As a veteran, I want allegations of war crimes investigated fully
By Duncan Voyage
Illegal acts in a war zone are just that - illegal. War crimes cannot be justified by the sacrifices soldiers have made in the name of their country, writes Iraq veteran Duncan Voyage.
I served in the Australian Army for 12 years, including a deployment to Iraq. I have seen the good and bad of Army culture.
Over the last five years we’ve seen Russia invade Ukraine, a disastrous United States withdrawal from Afghanistan, Israel’s genocide in Gaza, and now the United States and Israel attacking Iran and Lebanon. Surrounded by global events, Ben Roberts-Smith has been charged with five counts of the war crime of murder, while serving in Afghanistan between 2009-2012.
For Australians this has proven divisive. As a veteran, I struggle to understand this division. Of course, it is the instinctual nature of the team to protect its own. For soldiers to defend their platoon, for a nation to defend their icons. But contrary to certain narratives, the decision to do so in the face of an illegal act is not one grounded in morality or integrity. It is a decision grounded in cowardice and wilful ignorance.
Soldiers who step forward to report wrongdoing are courageous. They do so, despite trepidation, to ensure the integrity of their team and their Australian Defence Force is upheld.
War is a political tool. It is policy extended by other means, to quote Clausewitz - meaning all action of our military is directed by the policy of the government of the day.
Governments determine strategic direction through white papers and foreign policy. These are then supported by operational plans, and different rules of engagement for every context where troops are or could be deployed. These rules of engagement provide unambiguous direction for what actions can be taken by soldiers, sailors, airmen and airwomen, in the specific theatre of operations.
What guides these policies is Australia’s ratification of the UN Geneva Conventions of 1949, constituting the Laws of Armed Conflict. These conventions stipulate what is acceptable and justifiable actions in warfare before, during and after conflict. Australia’s ratification of international humanitarian law endorses this standard as its own.
These Laws of Armed Conflict (LOAC) are fundamental to Australian military operations, talking to concepts of proportionality of force and discrimination of targeting practices. It speaks to the legality of different weapon systems, the treatment of prisoners, and the protection of civilians and civil infrastructure. In volatile contexts, it demands nations take responsibility for their military’s actions at all levels. The individual also accepts this accountability. Just ‘following orders’ is no longer a valid excuse.
These concepts and practices are integrated into military training from commencement. LOAC is taught in basic training, reinforced with Rules of Engagement (ROE) on exercises, and continually present throughout all operational aspects of your military career to ensure everyone understands what actions are acceptable for each context.
This training is critical. Without it, there would be a breakdown in accountability - from soldier to officer, officer to commander, commander to Chief of Defence Force, and CDF to Prime Minister. Such a breakdown would mean that the action of individuals at any level would be detached from policy - meaning they would contradict both international humanitarian law and Australian law.
The ADF knows this and reinforces the teachings of the “Strategic Corporal”, explaining the cause and effect a small team leader (holding the rank of Corporal) can have on the strategic plan through the actions they take on the ground. LOAC and ROE protect the Corporal in this instance as much as the innocent bystander, empowering them to act with confidence and initiative under legal direction. If actions that sit outside of these rules are not rectified, the integrity of the individual, team, commander, and government are all compromised.
Illegal acts in a warzone are just that - illegal. They should be investigated and tried like any other crime. The process should be transparent and reflect the rule of law in Australia. And if found guilty, the perpetrator should face the consequences of the law. Failure to do so undermines the reputation of the ADF, and ultimately the legitimacy of the policy. This is the standard which should be expected by citizens of Australia.
War crimes cannot be justified by the sacrifices soldiers have made in the name of their country. Not when that country has issued clear expectations and orders as to the conduct expected.
Nor can war crimes be justified as acts of revenge or responses to other illegal acts conducted by other entities. This is in contradiction to the law - and abusing this law removes the protections of everyone in war.
The ADF understands this. Officers understand this. Soldiers understand this.
The responsibility and accountability held by previous Commanders during the ADF’s operations in Afghanistan are still the subject of discussion and debate in the ADF Staff College today. This is fundamental for the organisation to develop senior officers who understand their responsibilities to uphold the integrity of the Australian Defence Force and enact the policy they are entrusted with.
If you allow a person to commit war crimes as a representative of Australia - or condone illegal actions being hidden - you corrupt the morality, integrity, and legitimacy of the institution represented. You corrupt the identity of the ANZAC.
As a veteran I am glad allegations of war crimes are investigated fully and accountability is upheld. I am proud of ADF members who show integrity and courage to step forward and provide evidence.
This is what I expect of my ADF. This is what I expect of my government.
About the author
Duncan Voyage
Duncan Voyage is a former officer of the Australian Regular Army (2009-2021) and a veteran of Iraq. He worked across various military units, specialising in logistics and workforce planning. Duncan is a humanitarian, who believes we can do more as global citizens to nurture a healthier and safer planet and community.
Thank you. Duncan.
Thank you Duncan for your expertise and service to Australia ..