War Crimes and the Rule of Law: A Reply
James Unkles has requested a right of reply to points made about the 'Breaker' Morant case by Major General the Honourable Justice Paul Brereton, AM, RFD during his address to our Society on 4 June 202 2 : In a civilised society, the principle of natural justice must rule. This principle is as relevant today as it was in 1902. Justice Brereton’s presentation of the history of Australian war crimes and the implications of Australian and international law is a welcome addition to study of this controversial subject from Australia’s involvement in the Anglo-Boer War to Vietnam. (1) His analysis focused on facts concerning the Anglo-Boer War, British military units and the service of Lieutenants Morant, Handcock and Witton with the Bushveldt Carabineers and their subsequent trial for shooting prisoners. Justice Brereton concluded that these men did not suffer a substantial miscarriage of justice under the law of 1902. However, there are aspects of Justice Brereton’s