The Australian War Memorial has installed a new 84-word plaque next to a Ben Roberts-Smith display to acknowledge he was found to be “involved and complicit in unlawful killings in Afghanistan” but “has not been charged” and is appealing.
The memorial faced pressure in the immediate aftermath of the federal court’s judgment in the Ben Roberts-Smith defamation case to either remove or significantly change exhibits honouring the Victoria Cross recipient.
The Greens called on the memorial to remove the exhibits – which include artworks, a display of his uniform and equipment and the presentation of his medals in the Hall of Valour – while Ben Saul, an international law academic professor said they should be altered to “present the human paradox that one of our greatest heroes is indeed one of our greatest war criminals”.
In the days after the ruling, the memorial’s council approved a 121-word temporary text plate acknowledging the “gravity” of the federal court’s ruling, describing it as “one step in a longer process”. The plaque said the memorial was still considering how best to contextualise the displays.
The memorial has now updated the wording, installing an 84-word plaque on 29 August next to the display of his uniform and equipment, which sits outside the Hall of Valour.
“Accounts of alleged misconduct by a small number of Australian Special Forces soldiers in Afghanistan began appearing in the media from late 2016,” the new plaque reads.
“Claims were later heard in a civil defamation case brought by Roberts-Smith against media outlets and journalists. In June 2023 a Federal Court Judge determined that there was ‘substantial truth’ to the allegations that Roberts-Smith had been involved and complicit in unlawful killings in Afghanistan. Roberts-Smith has appealed this decision.
“Roberts-Smith has not been charged with any offence under criminal law.”
A spokesperson said the new text panel added “further context to the displays regarding Ben Roberts-Smith VC MG”.
But the Australian Centre for International Justice said the plaque was inadequate and criticised its use of the word “misconduct” and avoidance of the term “war crimes”, which it said minimised the gravity of the allegations.
The group’s executive director, Rawan Arraf, was also critical of the reference only to “accounts” in the media, rather than an acknowledgment that the allegations were made by Afghan victims, their families and defence whistleblowers.
“The AWM must do better in order to meaningfully reckon with Australia’s legacy in Afghanistan,” Arraf said.
“The public expects that the AWM would play a leading role in truth telling. That truth telling must involve the experiences of those most affected, the Afghan victims and communities harmed by these crimes who have been seeking accountability for that harm from the moment they occurred, in some instances since 2009.
“Furthermore, the plaque fails to acknowledge that Roberts-Smith is currently under criminal investigation for several incidents of unlawful killings, which could potentially lead to several criminal charges.”
Prof Saul said recognition of the defamation judgment was welcome, but was critical of the reference to only a “small number” of soldiers without including that the exhaustive findings of the Brereton inquiry included 39 killings and 25 Australian soldiers. He described this as “not at all a ‘small’ number”.
“It also makes no mention of the inquiry’s recommendations, including to compensate Afghan victims – who are yet to receive any support from Australia,” he said. “The new panel is not sufficiently accurate or balanced.”
In June, justice Anthony Besanko found that, on the balance of probabilities, Roberts-Smith kicked a handcuffed prisoner off a cliff in Darwan in 2012 before ordering a subordinate Australian soldier to shoot the injured man dead.
He also found Roberts-Smith ordered the execution of an elderly man found hiding in a tunnel and murdered a disabled man with a prosthetic leg during the same mission.
Roberts-Smith has always denied wrongdoing and is appealing Besanko’s judgment. He resigned from Seven West Media after the ruling.
According to the Nine newspapers, the initial plaque installed after the judgment, read:
“The memorial assists in remembering, interpreting and understanding Australia’s experience of war and its enduring impact. This includes the causes, conduct and consequences of war.
“The memorial acknowledges the gravity of the decision in the Ben Roberts-Smith VC MG defamation case and its broader impact on all involved in the Australian community. This is the outcome of a civil legal case, and one step in a longer process.
“Collection items relating to Ben Roberts-Smith VC MG, including his uniform, equipment, medals and associated artworks, are on display in the memorial’s galleries.
“We are considering carefully the additional content and context to be included in these displays. The memorial acknowledges Afghanistan veterans and their families, who may be affected at this time.”
