Lord Kitchener, the head of the British forces of which Australia, then a colony, were part of, had issued a "no prisoners" order sub rosa, just as General Patton had done in 1944.
The point of the film is the hypocrisy of the British military establishment in trying these men for crimes that they had been encouraged to do. It is similar to the arrest of the Green Berets in 1969 (including the head Green Beret) on charges of murder, by Gen. Abrahams. In fact, the movie resonnated in 1980 as it was considered a commentary on Vietnam (Australian troops had participated in that war, too). These were men sent out to go native and tasked by the CIA, under whose aegis 250,000 Vietnamese were murdered under the Phoenix program with no recouse to international law, and then tried for summarily executing a spy -- that is, they were part of a massive extralegal killing machine and charged with the very crime that was being commited en mase, with the US government's approval. That is what Captain Willard means when he says charging a man with murder in Vietnam is like handing out speeding tickets at the Indianapolis 500. The 1969 Green Beret arrests were the genesis of the script APOCALYPSE 3 by John Millius that became APOCALYPSE NOW. Col. Robert Rheault, the head of the Green Berets in Vietnam, was arrested for murder, was the genesis of the character played by Brando, crossed with Kurtz of "Heat of Darkness."
Back to the Breaker:
Non-colonial British troops had commited murder, killing prisoners, under the no-prisoners doctrine, but none of them were tried. It was for the colonials to bite the bullet, for political expediency, as the British Empire wanted to conclude a peace treaty with the Boers, which happened shortly thereafter. breaker Morant and Handcock were political sacrifices to appease the Boers.
Kitchener claimed that the colonial troops, members of whom, including the Breaker, were organized into Special Forces-like irregular forces (irregulars typically being used as enforcers if not outright extermination outfits) were undiciplined and had taken the law into their own hands, and thus, by executiting a couple of them, he was instilling discipline in his troops while upholding the law.
What he was doing was covering up the fact that he had issued, unofficially, a "take no prisoners" order. Look at my trivia notes in the movie PATTON. When Eisenhower tried to get Patton to rescind his no prisoners policy, Patton responded he would do so if ordered but believed it was best. Ike said, OK -- but don't get caught. It was all politics.
Now, look at the war in Iraq. Bush and Cheny from the beginning said that they would treat the "terrorists" as scum of the earth with no rights, and that's exactly how they were treated. And then, when political considerations broke -- that is, the noble cause was revealed to have a thuggish, fascistic element, that is, extralegal murder, to it, and it looked bad on the cover of Newsweek and Time -- they wrung their hands.
What bull$#@%! They had ordered the harsh policies in the first place. Just as in Vietnam, the CIA had tasked the "softening up" of prisoners to military guards, or tasked Special Forces with murder.
Under Nuremburg, Bush and Cheney are guilty, but Nuremburg was a victor's justice.
Our troops being tried for these crimes against the extra-legal combatants or whatever they're termed, are scapegoats, just as Breaker Morant was a scapegoat, just as Col. Rheault and his Green Berets were scapegoats. Of course, the Breaker, the US guards in Afghanistan, and the Green Berets were guilty...but it is their officers who ordered this treatment (while carefully covering their asses, legally, by encouraging the behavior but not taking the respondiblity) who should have been tried as war criminals.
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