Israel lashed yet SAS victims ‘destitute’ with compensation yet to be paid to Afghan families

Anthony Albanese’s demand for ‘full accountability’ on Zomi Frankcom’s death comes as the government drags its feet on compensating families of 39 Afghans killed by ­alleged Australian war criminals.

Prime Minister Anthony Albanese, left, and Foriegn Minister Penny Wong.

Anthony Albanese’s demand for “full accountability” from Israel on aid worker Zomi Frankcom’s death comes as the government drags its feet on compensating the families of 39 Afghans killed by ­alleged Australian war criminals.

The November 2020 Brereton report recommended the government compensate the families of those wrongfully killed by Australian special forces in Afghanistan, without waiting to establish criminal liability for the killings.

Three and a half years on, ­Defence has told The Australian that a “pathway” to providing compensation has been agreed, but details are yet to be finalised.

UN special rapporteur on human rights and counter-terrorism Ben Saul said Australia’s ­response to the Brereton recommendation had been “sclerotic and inexcusable”, leaving the victims’ families “destitute”.

“Australia is required by international law to compensate for unlawful killings,” Professor Saul said. “The government could pay through neutral humanitarian ­actors. There is no objection from the Taliban, (and) paying would not imply recognition of the Taliban government or infringe any sanctions or terror finance laws.”

Wollongong University international law professor Greg Rose said Australia’s drawn-out ­approach stood in contrast to ­Israel’s immediate probe into the deaths of seven aid workers last week. “The rapidity of Israel’s response would leave Australia as a shadow in the dust in the far distance behind,” he said.

The Prime Minister says he ­expects Israel to fully co-operate with Australia’s special adviser on the deaths of Ms Frankcom and six colleagues killed in an Israel airstrike last week, including through the provision of classified documents.

Australia’s doctrine on the law of armed conflict tolerates civilian casualties if they are proportionate to the military objectives and sufficient precautions are taken.

A 2006 update on the doctrine noted the ADF’s targeting of residences and convoys to search for Taliban commanders required “consequent acceptance of non-combatant casualties as a necessary proportionate risk to achieve the military objective”.

Professor Saul said Australia’s interpretation of the laws of war was robust, and cultural and leadership failures in Afghanistan were “hopefully being addressed”.

Amid the fallout from Foreign Minister Penny Wong’s speech floating Australian recognition a Palestinian state, the Prime Minister insisted on Thursday that a Hamas-free Gaza was possible as a prerequisite for Palestinian statehood. The Prime Minister rejected a suggestion that separating the terrorist group from a Palestinian state was “just about impossible”.

“Well, that’s not right. That’s not right,” Mr Albanese told Nine’s Today show.

But the head of the General Delegation of Palestine to Australia, Izzat Abdulhadi, said the terrorist group that slaughtered 1200 people and took more than 250 hostages would never be removed from Gaza. “You can weaken their military capabilities, but Hamas is a part of the Palestinian people,” he told ABC radio. “Hamas is a philosophy. Hamas is an idea.”

Senator Wong sparked anger in the Jewish community and among Labor supporters of Israel with a speech on Tuesday arguing Palestinian statehood was a necessary step along the “pathway” to a two-state solution.

She said putting Palestinian statehood at the end of the process had failed for the past 30 years.