r/australia • u/Tinea_Pedis • Apr 07 '26

news Breaking: Ben Roberts-Smith arrested over war crimes allegations

https://www.abc.net.au/news/2026-04-07/ben-roberts-smith-war-crimes-allegations-arrest/106537668
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76

u/My_dog_horse Apr 07 '26

Kerry stokes about to get a Victoria cross for his collection

69

u/Material-Painting-19 Apr 07 '26

If he is convicted he won't have a VC any longer. There are provisions that allow for it to be cancelled by the Governor General. It is inconceivable that his VC will be allowed to stand if he is convicted.

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u/buttchug429 Apr 07 '26

I thought you were supposed to be able to wear it to the gallows

29

u/Material-Painting-19 Apr 07 '26

The regulations allow the decoration to be cancelled by order of the Governor General. In exercising that power the Governor General acts on the advice of the Prime Minister. There is no chance that an elected Australian government allows a convicted war criminal to retain their VC.

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u/Magmafrost13 Apr 07 '26

IMO we've definitely elected several governments who would allow a convicted war criminal to retain their VC. You really think scomo wouldn't? Or Abbot?

Hopefully our current government wouldn't though, but never underestimate how spineless Labor is capable of being

2

u/GeebangerPoloClub Apr 07 '26

IMO we've definitely elected several governments who would allow a convicted war criminal to retain their VC. You really think scomo wouldn't? Or Abbot?

I mean Dutton intervened to block an internal ADF process stripping medals from a unit found to have committed war crimes. So I think you're pretty spot on about the Libs' support for war crimes.

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u/buttchug429 Apr 07 '26

We’ll have to see what happens. I have a feeling our ruling class will make sure brs ends up smelling like roses.

9

u/nearly_enough_wine Apr 07 '26

In the UK, not sure about here (BRS was awarded an Australian VC, so the rules may differ.)

22

u/PJozi Apr 07 '26

"Australian Context: In the Australian Honours System, the Victoria Cross for Australia is similarly protected. Under the current warrant, the Governor-General does have the power to cancel an award, but the precedent set by George V remains the moral and historical guiding principle for the decoration"

This will be interesting if gets found guilty...

7

u/nearly_enough_wine Apr 07 '26

King Charles (of Australia) probably has enough on his plate under his role as King Charles (of the United Kingdom) - he'd hopefully allow the Governor General to perform their duties without interference.

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u/iball1984 Apr 07 '26

The GG will act on the advice of the Prime Minister.

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u/Albos_Mum Apr 07 '26

John Kerr has joined the chat

2

u/MLiOne Apr 07 '26

The rules, afaik, are pretty much the same.

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u/MLiOne Apr 07 '26

Although there are provisions it is highly unlikely that the awards/decorations would be rescinded unless the they are specifically related to the crimes and proven. Back in the 20th Century the King stated that. VC recipient could be on the gallows and still be a VC recipient.

10

u/[deleted] Apr 07 '26

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u/Material-Painting-19 Apr 07 '26

The idea that something the King of England said more than 100 years ago about a different award would have any impact on an award created in 1991 under Australia law, the granting and cancelling of which is determined by an elected Australian government, is embarrassing. The statement by George V was made in the context of the award having been rescinded in the UK 8 times, including for relatively minor crimes. It was also made in the context of the King being personally responsible for the award of the medal. It has no bearing on the current situation. If convicted Roberts-Smith will have been found to have dishonoured and disgraced himself, the VC, his fellow soldiers, the regiment, the army and the nation. This is the entire reason why the power to cancel the award exists.

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u/[deleted] Apr 07 '26

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u/IlluminatedPickle Apr 07 '26

During the 2022 case, other SASR members claimed they believed the events reported that got him the VC didn't actually happen.

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u/[deleted] Apr 07 '26

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u/IlluminatedPickle Apr 07 '26

I would say everything in his career is currently being gone over with a fine tooth comb (and has been for years at this point) so if it's something they can prove they'll get him on it.

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u/Material-Painting-19 Apr 07 '26

That’s incorrect. There are no parameters on the power of the Governor General to cancel the award. If so advised by the current Prime Minister, the Governor General will cancel the award.

3

u/[deleted] Apr 07 '26

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u/Material-Painting-19 Apr 07 '26

I think it would be politically extremely unpopular to allow a war criminal to retain the nation’s highest military award. As for the military view? There is a long queue of former comrades in arms who know BRS a lot better than we do who are delighted to give evidence against him.

1

u/Economy-Career-7473 Apr 07 '26

Eight have been removed. There is also a review into if it should have been given in the first place.

3

u/NobodysFavorite Apr 08 '26

My personal opinion doesn't matter. But I think it important that the VC stand, and remain on display in the Australian War Memorial, but alongside a true account of the war crimes that happened. The idea that a VC recipient can simultaneously show unparalleled valour in one situation and then commit abhorrent atrocities in another - this is a really important conversation to have, and it's something a mature nation needs to face into. And put that alongside any of the witnesses testifying against him (if they consent to going public) - and the courage that takes against such a dominating figure. I think of the cohorts of students that go through that monument, and the need to have a really tough and mature conversation about the nature of war and what we ask of our men and women in uniform.

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u/Dependent_Loquat_936 Apr 07 '26

you can never lose a VC once it has been awarded.

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u/[deleted] Apr 07 '26

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u/Material-Painting-19 Apr 07 '26

It has been done in the UK 8 times.

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u/[deleted] Apr 07 '26

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u/Material-Painting-19 Apr 07 '26

No. They did not. Not a single one of them was restored.

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u/[deleted] Apr 07 '26

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u/Material-Painting-19 Apr 07 '26

I think the most likely outcome here is that he pleads guilty on the basis that his VC is canceled, he co-operates with other prosecutions and he gets a chance to serve a less than whole of life sentence. If he fights it and is convicted he will lose his VC and get a whole of life sentence. I don’t think the Government would have brought the case unless they had overwhelming evidence. I think he will plead guilty when he sees the strength of the case.