A good magician is a master of the art of distraction. Drawing the attention of the audience away from what's really happening in order to maintain the illusion. "Look over here ... smoke and mirrors", while the magician's assistant conceals herself in the magical chamber of secrets.
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We, the audience of the magic show in Defence Headquarters in Canberra, are being distracted by the chief defence magician with his routine of attempting to take medals off subordinates. A routine he rehearsed some time back, in the immediate aftermath of the handing down of the Brereton Inquiry report into alleged war crimes in Afghanistan.
That rehearsal was unsuccessful insofar as the Meritorious Unit Citation awarded to the Special Operations Task Group did not disappear. It was, however, successful in terms of the main event - distracting the audience from the failings of the higher command in exercising effective command and control over subordinate forces.
Commanders of the joint task force responsible for the special operations force elements - all major-generals and all awarded medals for their 'distinguished command and leadership in action' - were concealed from the view of the audience. "Look over here ... don't look at the generals".
The performances, in Senate Estimates, of the service chiefs and other apprentice military magicians demonstrates the well-rehearsed use of the cloak of secrecy. This mystical cloak, which relies on vague references to the preservation of national security and operational capability, has concealed the generals from scrutiny whilst keeping the Parliament bedazzled and the Australian audience in the dark. Good magicians never reveal their secrets. Never disclose their bag of tricks. And the bag of tricks of the chief defence magician and his apprentices includes the disappearing medals distraction.
That distraction may fool the naive political class, who are similarly bedazzled by the pomp and bling of the senior magicians when plying their trade before Senate committees. In the context of command responsibility for the alleged war crimes of subordinates, however, the magic show is unlikely to fool the international community in its fight against impunity and its desire to deter the commission of such crimes. The distractions of "don't look at the generals ... national security", and "look over here ... medals", won't fool the international community or, indeed, international criminal bodies. Similar tricks have been tried and failed since 1946. And these tricks will only fool the Australian audience for so long.
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General Angus Campbell AO DSC, a former commander of the joint task force which was responsible for special forces in Afghanistan, has returned to his earlier routine demanding the return of medals awarded to subordinates. His notorious disappearing medals distraction. This at a time when the higher defence leadership is under increased scrutiny for its failure to maintain defence capability in terms of personnel numbers and preparedness as well as its dismal record on military equipment acquisitions. But "don't look over there ... look over here at medals". Critics of the defence magic show, however, are not falling for the illusion as a gullible government apparently has.
These critics, comprising retired Army officers, are ready to pull their own rabbit out of a hat in the form of a referral to the Prosecutor of the International Criminal Court. But that referral is no illusion - it's about law and facts rather than smoke and mirrors.
In recent weeks, this need to properly investigate the generals as to the extent of their responsibility for any alleged conduct of their forces in Afghanistan has again been raised, including by this humble commentator. Abracadabra, Chief Defence Magician AO DSC pulls medals out of his hat. But don't be distracted dear audience. This is, after all, just smoke and mirrors.
- Glenn Kolomeitz is a former military prosecutor and Army officer with operational service in East Timor and Afghanistan. He has completed a doctoral thesis titled, How Long the Shadow? Command Responsibility for War Crimes in Australian Law.