The Yamashita wrinkle

The charges recently laid against former SAS trooper Oliver Schulz for allegedly murdering an Afghan man in 2012 will be decided by the courts, meaning the merit of otherwise of the prosecution’s case must for now be left to judge and jury. But there is still room for speculation about the other 18 ex-soldiers reports say may soon face similar and related accusations, one key question being how high alleged culpability extends in the chain on command. This is a topic former military man Alistair Pope addressed two years ago at Quadrant Online in a piece it seems timely to reprise. Pope wrote

…politicians and the current and recent crop of deskbound senior ADF brass (almost none of whom have been in combat) are opening a war crimes Pandora’s Box with their investigations of potential crimes committed in Afghanistan, the outcome of which they cannot determine. These corridor guerrillas and members of the Cardigan Corps apparently fail to realise that if any ‘crimes’ are indeed found to have been committed, and their soldiers are convicted, this will necessarily implicate and involve them too.

This is because our political elites signed international conventions and laws of war that could well lead — should lead — to the prosecution of the witch-hunters themselves.

It is known as the ‘Yamashita Standard‘, which holds that a commander is both responsible and liable for the war crimes of his troops.

Alistair’s piece can be read in full here.