The purpose of this week's study is to examine in principle how far citizens have a duty to undertake military service and when they have a right to refuse to bear arms. Here we focus primarily on how these issues have arisen in Australian history. We will consider how republican and liberal beliefs influence government policy on defence in general, and how these two strands of thought have both had some influence in Australia. Australia was unusual among English speaking countries in introducing compulsory peace time military service before the First World War influenced by the republican ideal of the citizen soldier. On the other hand, although Great Britain and the USA had exempted certain religious groups from military service, in 1903 Australia was the first country to pass a national law recognising the principle of individual conscientious objection. When you have completed this week's work you should have some understanding of the following:
Before examining republican and liberal views of military service and conscientious objection, and the history of both in Australia, we should clarify the different forms military service can take and the arguments for each. Then we shall explore the meaning of conscientious objection. There are three basic models of peace time organisation for national defence:
The reason why many governments are now prepared to recognise the right of individuals to refuse to fight is because they accept that some people are pacifists, who have a strong moral objection to bearing arms and do not believe that being at war justifies killing even enemy soldiers. But since there are many reasons why people might want to escape military service, governments passing laws, and tribunals judging specific cases, have required good reasons for accepting that an individual has a sincere conscientious objection to taking part in war.1.Those who refuse in all circumstances to bear arms or kill another human being, but are willing to play a part in wartime and to assist others to fight, for example through medical service, or in communications or administration - i.e. non-combatant duties;
2.Those who refuse both to engage in actual fighting and to assist others directly to fight, but are prepared to be conscripted to help the war effort indirectly in a civilian capacity, i.e. they are prepared to undertake alternative service;
3.Those who refuse to offer any assistance to the military and the war effort, and who oppose the principle of the government compulsorily enlisting people to do military or civilian work. These are unconditional objectors. Some unconditional objectors may be draft resisters, who refuse to cooperate at all with the process of registration and refuse to apply for CO status. They may be socialists, resisting capitalist or imperialist wars, or anarchists, refusing to recognise the right of what they see as an oppressive state to regulate their lives. But draft resisters may simply be committed to active opposition to a particular war they believe is unjust, like the Vietnam War.
| STUDY EXERCISE 9.1 Read:H. Smith, 1989. Conscience, law and the state: Australia's approach to conscientious objection since 1901. Australian Journal of Politics and History 35(1): 13-16. Answer the following questions: 1.What category of persons were granted exemption as Conscientious Objectors (COs) under the Australian Defence Act of 1903? Answer 2.Give examples of those who would fall into this category. Answer 3.What were the 3 changes significant for COs in the 1910 Defence Act? Answer 4.Why were the first 2 changes in the 1910 Act in line with liberal beliefs? Answer |
Two key problems in appealing to conscience are:
| STUDY EXERCISE 9.2 Read:H. Smith, 1989. Conscience, law and the state: Australia's approach to conscientious objection since 1901, pp. 19-21. Answer the following questions: 1.What were the key elements in a conscientious belief identified in the quotation from Justice Windeyer on pp. 19-20? Answer 2.What would count as evidence that a belief is, in Justice Mason's words, 'deep seated'(p.20)? Answer 3.What did the judges think is the relationship between reasoning and conscience? Answer 4.What was the reasoning of the courts on whether the length of time a belief is held be crucial in determining if it is held conscientiously? Answer |
Machiavelli writing around 1500AD in Italy took the Roman Republic as his ideal partly because of its good laws and the good character of its citizens. Whilst Machiavelli argued that the Roman religion taught men to be good citizens, military discipline played an important role in creating men who were brave, vigorous and self-disciplined. Machiavelli argued passionately that the Italian city states should create citizen militias instead of relying on foreign troops, who could be used to undermine political independence, or on mercenaries - soldiers who fought for anyone for pay them, and were unreliable.
Machiavelli's emphasis on patriotism and the citizen soldier was echoed by Rousseau in some of his writings. He criticised the lack of political freedom and sense of citizenship under the French monarchy in 18th century France and called for a simpler and more healthy society and politics. In commenting on a new constitution for Poland, Rousseau (1972:19) wrote: 'Your true republican is a man who imbibed love of the fatherland, which is to say love of the laws and of liberty, with his mother's milk'. Since Rousseau there have been two strands in the republican case for the citizen soldier. The first has stressed patriotism, that dying for one's country is the supreme sacrifice and that a good citizen is a good soldier, and may become linked to a nationalist view that puts the interests of one's country above everything else. The second has, on the contrary stressed internationalism. It has hoped for other countries to adopt republican principles and to avoid wasteful and destructive wars. In this second version of modern republicanism a citizen army is a means of minimising the risk of war. By providing a solid defence against invaders it deters attack, whilst providing no threat to other countries. So national defence and international peace could both be achieved. Moreover, if citizens are responsible for fighting and have political influence over their governments, then republicans have often believed the citizen-soldiers will only fight wars that are absolutely necessary. Moreover, they have feared that a permanent military officer corps develops militaristic and anti-democratic values and may threaten democracy at home and encourage warlike policies abroad. These republican ideas have had some influence on socialism, and were popularised by the French socialist leader Jean Jaures, who opposed the First World War and was assassinated just after that war broke out. In the 20th century only a few states have maintained a strong republican view of citizenship, but there are still countries where politics is influenced by republican values, and which have seen regular military training as a central component of male citizenship. France began universal male conscription at the time of the French Revolution and maintained it in various forms almost uninterruptedly until in 1996 the government announced it would be phased out. Switzerland provides the clearest case of a country which stresses participatory democracy and expects men to be ready to fight for their country.. Countries with republican values have also been reluctant to recognise conscientious objection. Switzerland did not make any provision for COs until 1974. France jailed those refusing military service for indefinite periods until, after sustained campaigning, a (rather restrictive) CO law was passed in 1963. This contrasts with the liberal attitudes both to military service and to conscientious objection dominant in English speaking countries. For an up to date comparative study of conscription and conscientious objection in France and English speaking countries see Levi (1997). Liberals believe that individuals should have maximum freedom to choose their personal goals, life style and what values they uphold. Therefore governments should only limit individual freedom in order to protect the rights and freedom of others, or to preserve the society as a whole. Liberal thinkers have therefore recognised that a primary role for governments is to safeguard its citizens, by providing internal order through enforcing the laws and by being ready to repel foreign invaders. These arguments are set out by Locke writing in the late 17th century (Locke [1689] 1988). The dominant view among 19th century English speaking liberals was that defence should be provided by a volunteer professional force. Individuals should be free to choose whether or not they contributed personally to national defence and how they did so. But John Stuart Mill in his famous essay On Liberty did recognise that citizens had duties and that governments should use coercion in some cases, in particular for national defence. He also stressed that the burdens of defence must be shared fairly. It is worth noting that Mill was sometimes quoted in the Australian debates about compulsory military training (Tanner 1980: 133). In his later years Mill suggests in some of his letters and speeches that he had sympathy for the Swiss system of a citizen army. Other English speaking liberal countries in the 19th century were generally opposed to conscription. In the USA conscription was only introduced for the period of the Civil War, when it was adopted by both sides. Canada allowed for the possibility of universal military service in its 1868 federal militia act, but in practice relied on volunteers. We need to keep this context in mind when considering Australian debates about defence in the early 20th century. When liberal countries have reluctantly introduced conscription, they have been ready in principle to recognise claims of conscience. In particular liberals are committed to respect individual religious beliefs, and Britain for example had exempted Quakers from the militia acts in the 18th and 19th centuries. But freedom of religion also implies the freedom to have no religion and liberals have also been ready to respect strongly held non-religious moral beliefs. Both the United States and Britain made quite generous provisions in World War Two. Since World War Two willingness to recognise COs has been related to the strength of parliamentary democracy and liberal respect for individual conscience. Internationally there has been increasing willingness to see conscientious objection as a basic right. The United Nations General Assembly passed a resolution recognising conscientious objection in 1987. Australia's defence policy has taken various forms since the founding of the Commonwealth in 1901. Despite the influence of liberal values on Australian politics, there have been elements of compulsory military training or service for significant periods. Compulsory part time military training for home defence became law in 1909 and came into operation in 1911 and continued until 1929, when a newly elected Labor Government stopped enforcing this unpopular policy. Conscription became an issue in war time. Although there was opposition to the principle of compulsory full time military service, the most divisive question was whether Australians should be compelled to fight overseas. Even in the case of professional soldiers the principle was maintained until the 1950s that only volunteers should be asked to fight overseas. Resistance to sending conscripts outside Australia defeated conscription proposals in two referenda in World War One. In 1939 the Government introduced conscription for home service, but in response to the threat from Japan the Government was able to extend the area within which conscripts were sent to fight to parts of the Pacific. Conscription ended in 1945. After the outbreak of the Korean War in 1950 the Australian Liberal Government introduced legislation, passed in 1951, requiring all young men to undergo 6 months military training in one of the armed services, although army trainees after 3 months transferred to the part time volunteer Citizen Military Forces. This system was modified in 1957, when it became selective, and was abandoned in 1959 (Shields 1968: 68). It was understood that conscripts would not be sent into active service overseas. A selective system of conscription was reintroduced in November 1964 and at that stage the Government legislated to send conscripts overseas to fight in Vietnam. Selective conscription was legally abolished in 1973. From the government's perspective, 1964 marked the end of the Australian practice of maintaining two separate kinds of military force, one which could only be used for home defence (although in the later part of World War Two the rules were stretched) and those who were ready to serve wherever they were needed. We will now examine the nature of Australian forces, the role of volunteers for overseas service, and in particular issues of conscription and conscientious objection in more detail. (a)Before the First World War Australia's approach to defence has been shaped by its colonial experience. Britain was responsible for defending the colonies until the mid-19th century. After granting self-government Britain continued to provide protection through its navy and troops, but after 1863 the states took over land batteries and gun boats for coastal defence and began to recruit local part time militia forces. In 1870 Britain withdrew its troops, and the states then had small permanent forces commanded by British officers, in addition to local part time militias. After Federation in 1901 the Commonwealth Government became responsible for national defence. The Minister of Defence introduced a Bill providing for a unified military force, which would combine a small professional force and a larger part time paid militia. The 1901 Bill envisaged that in a national 'emergency' (not clearly defined) all men between 18 and 60 could be called up and that they could be sent overseas to fight. These provisions were bitterly opposed, partly because it was introduced during the Boer War when thousands of Australians were fighting in South Africa, and opponents feared that Australians would be called upon to fight in all British imperial wars, from Afghanistan to Ireland (Hirst 1993: 613). The Bill was not passed. The 1903 Defence Act specified that civilians should only be called up for military service in time of war, when they would be serve in the militia, and that only those who volunteered to do so should be sent overseas. The 1903 Act specified a very limited role for the permanent professional force: coastal defence and military training. This force did not include foot soldiers, who were to come from the militia. The Minister for Defence noted in the 1901 parliamentary debates that citizen soldiers with limited training were both efficient and economical, arguing that Australians fighting in South Africa had won 'renown upon the fields of battle' (cited in Main 1970: 8). It took longer to reach a decision on Australia's naval force. The new Commonwealth took over from the colonies responsibility for paying money to the British Navy to provide security at sea. By 1907 the Liberal Government was arguing for an Australian naval squadron controlled by the Australian Parliament, and a Labour Government passed a law creating the Royal Australian Navy in 1911, which was to be a professional service. The other major military innovation between 1903 and the outbreak of the First World War in 1914 was the introduction of compulsory military training in 1911 for boys and men aged between 12 and 26. The training involved weekend drills. There was little opposition in Parliament. But once the scheme was under way it was resisted by socialists, who argued that it was promoting militarist attitudes in the young and discriminated against working class boys who had to drill in their spare time (whereas wealthier boys drilled in school hours) (Main 1970: 24). The Quakers were also active in opposing compulsory training and played a role in setting up the Australian Freedom League in April 1912.
| Read:H. Smith, 1989. Conscience, law and the state: Australia's approach to conscientious objection since 1901. pp. 15-16. |
Note the restricted definition in 1909 of those entitled to claim conscientious objection and Smith's comments on the provision that they would 'so far as possible be allotted non-combatant duties'. See also Krygger's appeal to the High Court and the nature of Justice Griffith's ruling. In the following reading, Stanley Benn provides a sceptical view of the strength of principled opposition to compulsory military training.
| Read:S.I. Benn, 1967. Conscription and conscience. pp. 67-8. |
Tanner (1980) notes that Australia was the first English-speaking country in recent times to force young men to undergo military training in peace time. Why, then, did the Australian Parliament endorse the compulsory training scheme? It was influenced by W.M. Hughes and the Australian National Defence League campaign promoting not a liberal but a republican ideal of citizens in arms, which presented the training scheme as something quite different from conscription. Hughes was strongly influenced by the views of the French socialist Jean Jaures (see above) and by the Swiss model of citizens in arms. The Australian Freedom League which campaigned against compulsory military training adopted a broadly liberal position, arguing that 'it constitutes a grave menace to our civil rights and religious liberties, and that the Defence Act had become law 'without consideration and consent of the people' (cited in Jauncey 1968: 69). It is an oversimplification to see the arguments on either side as simply expressing republican or liberal views. The supporters of compulsory military training explicitly argued that what they were defending was the White Australia policy (Main 1970: 24), and sometimes suggested that Australia's territorial and racial integrity was threatened by the growing power of Japan, or else by China. Opponents of compulsory military training drew strongly on religious and liberal views, but some of their criticisms focused on the unfairness of placing the burden on children who were not yet responsible citizens. (b)During the First World War When both sides became embroiled in the debates about the introduction of conscription in 1916 and 1917, opponents of conscripting men to fight overseas appealed to a wide range of political considerations, not simply liberal claims for 'the rights of the individual and the limited nature of civil obligations' (Main 1970: 3). Many of those who opposed conscription did not oppose the war in principle. Indeed two of the arguments against conscription were simply that Australia had 'done enough', or that the figures suggesting the need for large numbers of extra Australian troops were wrong. Moreover Labor Party members stressed conscription would impose an unfair burden on workers and could weaken trade unions. Some suggested that it would lead to increasing the immigrant labour force and could destroy White Australia (Main 1970: 3). After Britain crushed the Easter Uprising in Ireland in 1916 the Catholic Archbishop Mannix of Melbourne, a prominent opponent of conscription, also attacked British oppression of the Irish. In the next reading Benn summarises the two referenda on conscription in 1916 and 1917. Note the reasons why each proposal to introduce conscription for service overseas was defeated.
| Read:S.I. Benn, 1967. Conscription and conscience. pp. 68-9. |
But there were those such as the members of the Australian Freedom Leagues who opposed conscription in principle.
| Read:Australian Freedom League. 1916. The conscientious objector and conscription. |
Even without any compulsion, about 331,000 Australian men volunteered to fight for the British Empire overseas. They joined the newly created Australian Imperial Force. In the early years of the war there was tremendous enthusiasm to enlist, leaving the public services, professions, businesses and the outback farms short of men. Australian nationalism has for a long time been linked to the Anzacs heroism at Gallipoli, where Australian and other allied troops landed on April 25 1915 to try to capture the Straits from the Turks. In the 1990s, however, Prime Minister Keating rejected the symbolism of Gallipoli, where Australian soldiers died on behalf of the British Empire in a mishandled military campaign. Instead, he wanted to shift the focus to Australia's defence of its own country against the Japanese in World War Two, for example, on the Kokoda Trail in Papua New Guinea. Commentators suggested that Australia had made a mistake in entering World War One on the British side, and should have remained neutral. In the next reading, Carl Bridge comments on why Australians fought willingly for the British and discusses whether the conscription referenda were really evidence of opposition to the war itself.
| Read:C. Bridge, 1994. The reason why: Australia and the Great War. |
(c)The Second World War and the 1950s When the Second World War broke out the Australian Imperial Force was recreated and recruited volunteers to fight overseas. Australian divisions fought in North Africa and Greece and Syria in 1940-41. The Menzies Government introduced compulsory military service in the home-based militia in 1939, but in view of the Labor Party's continuing opposition to conscripting Australians to serve overseas did not raise this issue. But after the Japanese had conquered Malaya, the Labor Party agreed in 1942 to the Defence Act being amended to allow conscripts to fight in defence of Australia in the South-West Pacific and in 1943 the area was extended to the West Pacific. Nearly 400,000 Australians served overseas in World War Two in the wars against Germany and Japan, over 27,000 died, over 23,000 wounded and over 22,000 were prisoners of war who returned home (Weekend Australian 12-13 August 1995: 6). The Second World War was widely seen on the Allied side as an obviously just war, since the liberal democracies were fighting against fascist powers who had committed aggression. It was also a war for defence of Australian territory from 1942. It therefore had widespread support, especially in the later stages of the war.
| Read:H. Smith, 1989. Conscience, law and the state: Australia's approach to conscientious objection, pp. 16-18. |
Smith points out the following aspects of laws on conscription in World War Two:
| Read:H. Smith, 1989. Conscience, law and the state: Australia's approach to conscientious objection, p. 18. |
Note the 1951 and 1953 provisions for COs willing to undertake non-combatant service or to be fully exempted from any form of military service. (d)Vietnam Conscription for overseas service became an issue in the Vietnam War, which raised more difficult moral and political issues than World War Two. Australia was fighting in support of the United States, which was trying to maintain South Vietnam as a non-Communist state, and there was growing opposition within the USA to both the goals of the war and the methods used to fight it. The Australian Government introduced selective conscription in November 1964: all men had to register at the age of 20 for two years service, then one in ten were chosen by a lottery system based on birth dates. Students in higher education could get deferments until the end of their studies. Those who married before call-up received indefinite deferment. An Australian infantry battalion was sent to Vietnam in 1965 and the first conscripts went in April 1966. The Labor party, continuing its opposition to conscription for overseas service, made sending conscripts to Vietnam a major issue in the 1966 elections. After the Liberals won the election and the war escalated there were frequent and increasingly militant protest demonstrations. Total numbers of Australians sent to Vietnam were relatively small. Between 1968 and 1971 about 8,300 served in Vietnam at any one time (Ross 1983: 72). Army figures in 1972 showed that a total of 386 were killed in action and 2,193 wounded. The conscripts who went to Vietnam only served for one year; 187 of them were killed and 1030 wounded (Ross 1983: 77, 79). But in total 17,424 conscripts went to Vietnam and the political issues raised were both important and controversial. One of these issues was whether COs could object to a particular war, as opposed to war in general.
| STUDY EXERCISE 9.3 Read:H. Smith, 1989. Conscience, law and the state: Australia's approach to conscientious objection since 1901. pp. 18-19 and 21-25. Answer the following questions: 1.What were the legal arguments for interpreting existing legislation to allow conscientious objection to a particular war? Answer 2.What were the legal arguments against such an interpretation? Answer 3.What can one deduce from the small number of applications for CO status during the Vietnam War? Answer 4.Did the possibility of joining the Citizen Military Forces as an alternative to the draft (a) offer young men a genuine choice? (b)provide a fair alternative to the right to selective conscientious objection? Answer 5.What criteria for assessing the justness of a war were embodied in the 1983 Bill to allow the right to selective conscientious objection? Answer |
Some objectors to the Vietnam War became draft resisters and refused to register at all; and Draft Resisters Unions were set up. Refusing to register initially was punished by fines or a few weeks in prison, but failure to report after getting a call-up notice attracted a two year gaol sentence (Hamel-Green 1983: 101). The Government hesitated to take strong action against draft resisters who publicly announced their refusal to comply: only four resisters received call-up notices in 1970, but prosecutions increased in 1971 and 1972 (Hamel-Green 1983: 120-21). Smith notes that in 1970 ways were found to 'compel' draft resisters to go before courts which could rule on their 'possible status as conscientious objectors' (Smith 1989:23-4). Verity Burgmann claims that by 1971 'nearly 12,000 young men had refused to register' (Burgmann 1993: 191). The controversy over Vietnam reawakened general interest in the Australian history of military service and conscientious objection and in the general principles involved. The reading by Benn was written and published in this period.
| Read:S. Benn, 1967. Conscription and conscience. pp. 69-71. |
Note Benn's analysis of the distinction between opposition to the Vietnam War and opposition to conscription, and his comments on the longer history of resisting conscription to fight overseas. At this point, having looked at the history of military service in Australia, it is relevant to think about the general case for and against conscription.
| STUDY EXERCISE 9.4 Read:S. Benn, 1967. Conscription and conscience. pp. 71-4. Answer the following questions: 1.Why does the 'onus of proof' rest with the advocate of conscription? Answer 2.What are the arguments for a citizen's duty to defend his country? Answer 3.What are the arguments against such a duty? Answer 4.What case can be made for arguing individuals have a duty to 'defend freedom anywhere'? Answer 5.Does the government's duty to defend the country justify universal conscription? Answer |
If you want to consider the arguments for and against conscription in more detail, then see Withers (1972), particularly chapter 8, which discusses the issue in terms of justice.
Since 1973 when the Whitlam Labor government legally ended conscription Australians have not had to face the personal decisions which compulsory military service imposes. But the arguments for and against conscription, and the case for conscientious objection does focus on questions central to citizenship.
| STUDY EXERCISE 9.5 Read:S. Benn, 1967. Conscription and conscience. pp. 75-80. Answer the following questions: 1.Why might an individual have a moral duty to refuse to do what the government commands? Answer 2.Is it undemocratic to refuse to obey a democratically elected government? Answer |
| Read:C. Stewart, 1995. War women welcome a belated salute. Australian 26 July: 3. |
Today Australia, like other western countries has dismantled the women's auxiliary services and integrated women into the armed services. Women have also taken on an increasing number of roles, and were admitted to combat related duties in 1990. After a 1992 Defence Review women could enter about 67 per cent of army position, but were excluded from the infantry, armoured divisions and the artillery (Weatherill 1996: 43-4). The navy and airforce have been less restrictive. Women in the navy can serve on all types of warship (including submarines since the new Collins Class submarines came into service in 1997). In the airforce 99 per cent of positions have been thrown open to women (Carter 1996: 102). Women have also taken part in United Nations peacekeeping operations. The remaining questions concern women's access to top commands, and in particular whether they should take part in ground combat. (This is not a very clear category since with long range weapons women in support roles can be in danger.) Discussion of women's position in the armed services is usually in terms of their equal rights as citizens to have the opportunity to do all the jobs men do. But some feminists have argued that women should show also exercise their duty as citizens by being willing to fight for their country. The US National Organisation for Women took legal action (unsuccessfully) in 1981 to try to make American women liable register for call-up on the same basis as men. Although many feminists have argued for women's full participation in the armed services, either in terms of rights or duty, other feminists have questioned whether women should play the same role as men in the armed services. There are a number of different reasons for arguing that women should make their contribution as citizens outside the armed forces (and in particular should not be part of combat). Some of these reasons focus on women's physical difference, for example their vulnerability to sexual harassment and rape, not only by an enemy but by men in their own armed services. But the major debate is linked to wider disagreements over conscription and conscientious objection - whether women's political role should be to try to reduce the risk of war and promote peace rather than training as soldiers. Some feminists argue that women's experience as mothers means that they are well equipped to foster peaceful attitudes, whilst others argue that such an approach strengthens traditional beliefs that women's role is in the home. For further discussion and references see Carter (1996).
| STUDY EXERCISE 9.6 Read:K. Saunders, 1995. Inequalities of sacrifice: Aboriginal and Torres Strait Islander labour in northern Australia during the Second World War. Labour History 69: 131-46. Answer the following questions: 1.What factors influenced government policy on incorporating Aborigines and Torres Strait Islanders into the war effort? Answer 2.What roles did the indigenous people play in the war effort? Answer 3.Why did the authorities fear collaboration? Answer 4.Why was this notion of collaboration 'problematic'? Answer |
The recognition of citizen status Aborigines since the referendum of 1967 enabled the Federal Government to legislate on Aboriginal issues has over time also changed the position of Aborigines in relation to military service. (They were exempted from call-up during the Vietnam War.) They can now enlist like other citizens. The government published in 1993 a study of ethnic representation in the Australian Defence Force. It found that Aborigines and Torres Strait Islanders were significantly under-represented (in proportion to their numbers in the total population) in the Air Force and Navy, but were proportionally well-represented in the Regular Army and Army Reserves, where their local knowledge could be of particular value (Smith 1993: 33-4). For example the army uses Aborigines' special skills in its Norforce regiment, an intelligence and surveillance unit whose soldiers, mainly reserves, provide an early warning trip-wire in the event of military incursion on Australian soil (Australian Magazine 8-9 June, 1996: 34). Most of the 500 members are Aborigines.
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Review for Week 9 Before proceeding, you ought to review your understanding of this week's topic by: (a) checking your responses to the Study Exercises against those supplied in the Study Guide, and (b) reading again the documents for this week and completing the related Study Questions in the Workbook, for which there are no answers provided. |
Australian
War Memorial:
This site provides a brief history of Australian military involvement in
Vietnam.
http://www.awm.gov.au/atwar/conflict_vietnam.htm