Scott Morrison vows to confront war crimes by special forces soldiers in Afghanistan

Australia will face the ‘brutal truths’ of war crimes, PM says after announcing a special investigator to prosecute Australian soldiers.

Scott Morrison says the government will look not only at crimes committed, but the environment in which they occurred, and the context and culture of the military units involved. Picture: Getty Images

A new special investigator will be appointed to prosecute Australian soldiers for alleged war crimes, as Defence faces unprecedented pressure to address leadership failings that allowed elite soldiers to commit murder on deployment in Afghanistan.

Scott Morrison said the nation would face “brutal truths” with the release of the long-awaited Brereton war crimes report next week, warning it would contain “difficult and hard news” for all Australians.

The Prime Minister vowed to bring justice to those who committed war crimes, and impose a new level of accountability on Defence as it implements “cultural, organisational and leadership change”.

An “eminent person” will be appointed as special investigator, backed by a staff of federal and state police, while a new independent oversight panel will report to the government on Defence’s progress as it responds to the Brereton inquiry’s findings.

Victoria Cross recipient and alleged war criminal Ben Roberts-Smith, who has received a notice informing him of adverse findings against him by the inquiry, said he welcomed the appointment of a special investigator who would “make decisions based on evidence rather than on unsubstantiated rumours”.

Defence bases and Australian personnel overseas have been put on alert ahead of the release of a redacted version of the Brereton report by the Chief of the Defence Force Angus Campbell next Thursday. Defence welfare organisations are also on standby, believing the findings could trigger fresh trauma for veterans and serving personnel.

NSW Supreme Court judge Paul Brereton’s report for the Inspector General of the Australian Defence Force follows a four-year inquiry into allegations and rumours of alleged war crimes committed by Australian soldiers in Afghanistan.

Ben Roberts-Smith. Picture: Toby Zerna

Mr Morrison said the government would look not only at the crimes committed, but the environment in which they occurred, and the context and culture of the units involved.

“Such conduct must be held accountable in our justice system, by Australians, in accordance with our justice system and the Australian rule of law,” he said.

“But responsibility must also be taken by leadership to ensure the lessons are learned and these events are never repeated.”

The Office of the Special Investigator, to be located in the Department of Home Affairs, will need to reinvestigate matters uncovered by the IGADF, which uses coercive powers to compel testimony making much of its evidence inadmissable in court. Mr Morrison said the new investigation process would take “an indeterminate period of time” — an admission that the first prosecutions are likely to be years away.

The Prime Minister did not rule out disbanding the Special Air Service Regiment, saying he would not pre-empt General Campbell’s response to the report.

Senior government sources said growing regional security threats meant the Special Air Service and 2nd Commando regiments were needed more than ever.

Defence Minister Linda Reynolds said the stripping of medals from soldiers implicated in war crimes would be one of the “many options and many recommendations” considered by General Campbell.

Mr Morrison said he had confidence that General Campbell and Chief of Army Rick Burr, who have both held special forces command roles, had appropriately declared their own conflicts of interest. He said the CDF would decide whether Defence leaders would be sacked for failing to address poor culture in special forces units. But he warned the independent oversight panel would monitor Defence’s response, providing an appropriate check and balance.

“I know there would be some concern in the veterans’ community and I know there would be some concern within those serving members of the ADF that this process may only just focus on those specifically involved,” Mr Morrison said.

“I want to assure them that both the CDF, the Minister and myself are very, very keen to ensure, to really understand and learn from this. Then those matters can‘t be ignored. And they need to be understood and they need to be addressed.”

The oversight panel will comprise former Inspector-General of Intelligence and Security Vivienne Thom, former Attorney-General’s Department secretary Robert Cornall, and Rufus Black, an ethicist and vice chancellor of the University of Tasmania.

Senator Reynolds warned “nothing will be out of bounds” for the panel, which would report quarterly to her. She, in turn, would report regularly to parliament on its progress.

Mr Morrison said Home Affairs Minister Peter Dutton had warned that the AFP would be overwhelmed if it was asked to head the war crimes probes.

It’s expected the AFP will hand over its two current war crimes investigations — one into Mr Roberts-Smith and another into an SAS operator known only as “Soldier C” — to the special investigator.

Mr Roberts-Smith issued a statement through his lawyer saying he was “heartened” the Office of the Special Investigator would have the “expertise and experience” to properly examine the allegations made to the IGADF. He said it was “regrettable” the IGADF inquiry took so long to complete. Mr Roberts-Smith has vehemently denied involvement in any war crimes,

If you are a current or former ADF member, or a relative, and need counselling or support, contact the Defence All-Hours Support Line on 1800 628 036 or Open Arms on 1800 011 046.