A recent case of allegations of war crimes by a member of the Australian Defence Force (ADF) and their subsequent validation to a civil standard of proof undermine the ADF’s integrity and reputation. This report outlines the complexities of command and a new way of approaching culpability. It argues that senior commanders are accountable, responsible, liable and culpable for crimes committed by their troops, not criminally but administratively. 

The promulgation, promotion and monitoring of Rules of Engagement and the ethical principles underpinning them require careful attention which has evidently been lacking at times. Much still needs to be done to resolve the tension between military outcomes, inevitable brutality in the conduct of war, moral purpose at the organisational level and ethical action at the individual level. The ADF must now address systemic deficiencies in command to ensure that Australian soldiers never again find themselves accused of war crimes.