The National Forum   Donate   Your Account   On Line Opinion   Forum   Blogs   Polling   About   
The Forum - On Line Opinion's article discussion area



Syndicate
RSS/XML


RSS 2.0

Main Articles General

Sign In      Register

The Forum > Article Comments > Military prosecutions: Parliament must act now > Comments

Military prosecutions: Parliament must act now : Comments

By David Flint, published 8/10/2010

It is unacceptable that the Director of Military Prosecutions should have sole discretion to launch a prosecution against military personnel.

  1. Pages:
  2. 1
  3. 2
  4. 3
  5. 4
  6. Page 5
  7. 6
  8. 7
  9. All
Late at night Australian soldiers, whilst on a mission to find and kill a senior Taliban commando, they encountered hostile fire. In response Australian soldier/s, inter alia, lobbed a couple of grenades into a building which it is claimed fire was coming from.

Does anyone know what type of building it was eg residential?

If it was residential wouldn't it be reasonable to expect that there would be innocent women and children inside? If so, why didn't the soldiers use teargas or stun grenades?

How good was the intelligence the soldiers were relying on? It would seem not very good since they didn't take out the commando they were hunting.
Posted by Roscop, Tuesday, 12 October 2010 1:11:10 AM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
Roscop,
Congratulations, you have just summed up why we are wasting our valuable time and resources fighting this war.

So long as the enemy devalues the lives of their own so poorly, evidenced by the way they use them as 'human shields', we will continue to cause civilian casualties, or, even worse, risk our highly trained soldiers by placing doubt in their minds, as now they are all fully aware that they may well be charged if they dare make a poor decision at the heat of the moment.

Remember, it is a war!

Best to get the hell out of there I say. We have far better options for spending those billions back here, were they are most certainly needed.
Posted by rehctub, Tuesday, 12 October 2010 6:55:51 AM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
Continued
I just wonder how many of the lives we have already lost, including those of our allies, have been lost through hesitation or indecision, caused by the rules that only one side must obey.

In war, there are no rules when only one side obeys them.
Posted by rehctub, Tuesday, 12 October 2010 7:05:06 AM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
I have often wondered what it would take for our home grown army of PTSD's victims; ex Vietnam / Bikie Vets; Anzac Day imposters; Military & paramilitary rejects; wannabees; psychs,assorted flotsam & jetsam, sundry adolescents etc to feign indignation, and relive Oz Military History,- from the comfort of their soapbox ?

Author Prof David Flint: a passionate contributor to olo. Is head shirang of the Monarchist Group " Australia for a Constitutional Monarchy ". A fanatic Anglophile ( pommy lover ) he is another pseudo-Menzies zealot. He remains committed to Constitutional change. Our Justice system. Aust's sixty five International Affairs, Treaty Obligations & Conventions etc. For more: Google his bio. Read: Flints Fawlty Logic on Independent web site.

This article first appeared weeks before olo's redact. Flint is ambivalent about our Diggers in Afghanistan, and the impending investigations by Brigadier Lyn McDade, nearly 10 months after the tragic incident in Uruzan Province. Afgh.

Judging from the responses here,many are upset without knowing the sequence of events.

The ADF, and Generals Hurley, Gillespie, McOwan, and most senior Officers are affronted that three servicemen serving there, can be Court martialed in performance of their sworn duty. All, have strenuously opposed the investigation, that has embroiled the Governor General, PM, Leader of the Opposition, and a host of Parliamentarians, to quash proceedings. Petitions across the Nation are being drawn up, to present to the GG, to end this farce.

This is not an isolated case. Capt Braker Morant ( 1864-1902 ) Boer War. Was charged and condemned to death by a firing squad. David Hicks, was charged and sentenced by US Military Commission Act, for aiding the Taliband, and incarcerated in US Guantanamo Bay prison, for 5 years. Chief Petty Officer, Margaret White. RAN. Was charged with gross indecency against 5 Navy women and challenged the Defence Force Disciplinary Act, in the High Court, which was rejected 6:1. In the UK, Cpl Donald Payne with 3 others, was the first Briton, convicted of War Crime, committed in Iraq.2003. There are numerous other headline cases.
Posted by jacinta, Tuesday, 12 October 2010 9:10:30 AM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
rehctub, you say " our highly trained soldiers ... may well be charged if they dare make a poor decision at the heat of the moment."

Why would it be at the heat of the moment? Wouldn't they already know from intelligence that it is highly likely that innocent civilians live the building/s involved in their operation?

I haven't quite worked out in my own mind why "our highly trained soldiers" were stunned to find their actions, which I understand included lobbing highly lethal grenades, had caused the death of women and children. You say the enemy uses their own as human shields. Shouldn't that have been some clue for highly trained soldiers
Posted by Roscop, Tuesday, 12 October 2010 9:16:27 AM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
The position of Director of Military Prosecutions, is the result of a Senate Inquiry 2005, which was critical of the methodology the ADF conducted their trials through it's inception. It provisionally adopted this new format, to ensure justice prevailed, despite it's hurried " band aid " appearance. Canada and India, have a similar Military covenant.

The ICC - International Criminal Court ( July.2002 ) which Flint wants to see dumped, is responsible for War Crimes. Crimes against Humanity. Genocide etc. It's Chief Prosecutor has so far indicted sixteen individuals. It investigates possible War crimes committed by NATO troops and insurgents in Iraq, Rwanda, Congo etc. Unless the UN Security Council specifically request an investigation, most cases are referred to by victims crying out for justice, and have been unfairly targeted.
Posted by jacinta, Tuesday, 12 October 2010 9:56:24 AM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
  1. Pages:
  2. 1
  3. 2
  4. 3
  5. 4
  6. Page 5
  7. 6
  8. 7
  9. All

About Us :: Search :: Discuss :: Feedback :: Legals :: Privacy