The Military History Society of NSW

Australia espouses adherence to the laws of armed conflict, and support for the institutions that monitor them. Australia has been an overt and enthusiastic supporter, and an ‘early adopter’, of most international treaties applicable to the law of armed conflict. Australia has firmly, but fairly, investigated and prosecuted the war crimes of our adversaries. While Australia’s record of compliance with the law of armed conflict is a good one, there are, from the Boer War through to the Vietnam War, indications that, in rare exceptions, Australian service members may have been involved in serious breaches of the laws of armed conflict, including the killing of non-combatants and persons hors de combat, including prisoners. The case of the BVC illustrates an irregular unit, operating with autonomy and limited supervision, under the influence of a flawed but charismatic leader, in which practices for the treatment of prisoners that were inconsistent with formal and legal obligations becam

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