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20 Aussie soldiers in the line of fire in war crimes report

A report into alleged war crimes committed by Special Forces in Afghanistan is set to hand down adverse findings against as many as 20 troops.

Australian war crimes allegations should not 'stain the reputations' of all military personnel

Adverse findings could be made against as many as 20 Special Forces soldiers in a report investigating war crimes alleged to have been carried out in Afghanistan.

News Corp understand the adverse findings to be detailed next week will range from involvement in unlawful killings of non-combatants through to failures relating to oversight and supervision.

While the findings are significant, they relate to only a handful of the Special Forces soldiers who served in Afghanistan.

It is unlikely the report will recommend disbanding the SAS, despite the concerns about the actions of some of its members between 2005-2016.

This is due in part to the “generational change’’ that has occurred since 2016, with approximately 80 per cent of Australia’s current cohort of Special Forces soldiers never having served in Afghanistan.

COMMENT: Don’t condemn all Aussie soldiers for sins of a few

Australian Special Forces soldiers based in Oruzgan Province in Afghanistan.
Australian Special Forces soldiers based in Oruzgan Province in Afghanistan.

Chief of the Defence Force General Angus Campbell will late next week release an anonymised version of a report prepared by the Inspector-General of the Australian Defence Force.

His briefing will likely include details on how many cases Defence will refer to the new Special Investigator’s office, which will consider whether a criminal case can be made.

Critically, it is understood the original 55 “incidents” identified by investigators as possible breaches of the Laws of Armed Conflict had been narrowed down to fewer than 10.

The inquiry run by assistant Inspector-General Paul Brereton used coercive evidence gathering techniques which cannot be used in criminal proceedings. The Special Investigator’s office will have to reinvestigate under the restrictions of Australian criminal law.

It’s expected the Special Investigator will be named next week. It’s believed the office will be funded for an initial period of three years, and recruit around 75 Australian Federal Police, lawyers and other experts.

An Afghan National Army Special Forces Commando (ANASF) brings in a local Afghan man for questioning during a recent partnered ANASF and Australian SF operation to clear a township of Taliban fighters in Uruzgan Province.
An Afghan National Army Special Forces Commando (ANASF) brings in a local Afghan man for questioning during a recent partnered ANASF and Australian SF operation to clear a township of Taliban fighters in Uruzgan Province.

Any criminal proceedings against current and former soldiers would likely drag on for years.

News Corp further understands that while the International Criminal Court in The Hague is believed to be watching the process with interest, it is unlikely to intervene, given the robustness of the Australian response.

Former director of the Australian War Memorial and Defence Minister in the Howard government Brendan Nelson said Australia should “pursue the bad but let us not for a moment diminish our respect for the good.’’

“If there have been egregious breaches of the laws of armed conflict then those individuals will be fully investigated, prosecuted and should they be found guilty, convicted quite rightly of crimes that may have been committed,’’ he said.

Brendan Nelson says Australia should “pursue the bad but let us not for a moment diminish our respect for the good.’’ Picture: Gary Ramage
Brendan Nelson says Australia should “pursue the bad but let us not for a moment diminish our respect for the good.’’ Picture: Gary Ramage

“No-one from the prime minister down would support anything other than that.’’

But Dr Nelson said it was “extraordinarily important for our nation to never lose sight’’ of the fact the Special Forces soldiers had been sent on 23 operations at the forefront of Australia’s combat operations following the 9/11 terror attack in the United States which killed 3000 people, and the murder of 88 Australians in the Bali terror attacks in 2002.

Veterans Affairs Minister Darren Chester said the “vast majority of men and women who served in our uniform have done so with great distinction and should be proud of their service.’’

“But what is becoming clear through the reports already out in relation to the Afghanistan inquiry is there are a small number of people who have questions to answer in relation to some serious allegations,’’ he told Sky News.

Australian Special Forces soldiers aboard a NATO Chinook helicopter at Camp Qargha near Kabul. Picture: Gary Ramage
Australian Special Forces soldiers aboard a NATO Chinook helicopter at Camp Qargha near Kabul. Picture: Gary Ramage

“We’re talking about a relatively small number of people in relation to the overall force that was deployed, but the allegations are serious. So we need to get the balance right.’’

Support services are available:

The Defence all-hours Support Line is a confidential telephone and online service for ADF members and their families 1800 628 036

Open Arms provides 24-hour free and confidential counselling and support for current and former ADF members and their families 1800 011 046, or through SafeZone on 1800 142 072.

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Original URL: https://www.dailytelegraph.com.au/news/national/20-aussie-soldiers-in-the-line-of-fire-in-war-crimes-report/news-story/f621470c092b86b4d88146b699680b48