Australian special forces soldiers committed up to 39 murders: ADF report

Australian special forces soldiers allegedly committed up to 39 murders and 19 current or former soldiers will face criminal investigation, possible prosecution and the stripping of their medals after the findings of an exhaustive inquiry released by military chief Angus Campbell.

The four-year inquiry by NSW Court Of Appeal Justice Paul Brereton found there was credible evidence of 23 incidents in which one or more non-combatants – or individuals who had been captured or injured – were unlawfully killed by special forces soldiers, or at least at their direction. There were also a further two incidents that the report said could be classified as the war crime of "cruel treatment".

ADF Chief Angus Campbell at the release of the Inspector-General's report, which recommended he refer 36 matters to the Australian Federal Police for criminal investigation.Credit: Alex Ellinghausen

General Campbell said the report discloses a "disgraceful and a profound betrayal of the Australian Defence Force’s professional standards and expectations".

"Today the Australian Defence Force is rightly held to account for allegations of grave misconduct by some members of our special forces community on operations in Afghanistan," he said.

The public summary of the inquiry, released on Thursday morning, based partly on evidence given by eyewitnesses interviewed under oath, also found that Australian soldiers summarily executed non-combatants and prisoners.

The Special Air Service Regiment's second squadron will be struck off the Army's order of battle and reformed and renamed.

Justice Brereton wrote "when what the inquiry has found is taken collectively, the answer to the question, 'Is there substance to rumours of war crimes by elements of the Special Operations Task group' must sadly be, 'Yes, there is'."

The voluminous classified report, along with a publicly released summary, is based on more than 400 interviews with soldiers and officers from SAS and Commandos, Afghan villagers, special forces interpreters and support staff.

The report was scathing of patrol commanders of the Special Operations Task Group, who are senior soldiers that lead small teams of four to five men and who Justice Brereton blamed for the worst alleged war crimes.

Justice Brereton, who was appointed by the Inspector-General of defence in 2016 to investigate pervasive rumours of war crimes in Afghanistan between 2003 and 2016, found commanders higher up the chain should bear a "moral command responsibility" for a culture that allowed the alleged crimes to take place.

But the inquiry found "the criminal behaviour of a few was commenced, committed, continued and concealed at the patrol commander level, that is, at corporal or sergeant level".

None of the incidents could be classified as disputable decisions made under pressure in the "heat of battle", it found.

The report recommended that General Campbell refer 36 matters to the Australian Federal Police for criminal investigation, which relate to 23 incidents and involve 19 current or former ADF personnel.

The Brereton report also savages the manner in which soldiers allegedly lied about suspect incidents in combat operation reports, including those about incidents in which Afghans were allegedly unlawfully executed.

The inquiry found credible information that some special forces soldiers were involved in planting weapons to cover up their alleged crimes. They carried "throwdowns" - foreign weapons and equipment such as pistols, small hand-held radios and grenades to be placed with the bodies of enemies killed in action for the purpose of taking photos. This practice eventually was used for the purpose of concealing deliberate unlawful killings.

The Brereton report also found evidence that junior soldiers were required by their patrol commanders to shoot a prisoner to achieve their first kill, in a practice known as "blooding".

The full classified report will remain private, and the task of further criminal investigation and prosecution of war crimes passed to the Australian Federal Police and the Commonwealth Director of Public Prosecutions. This process will be overseen by a special investigator, likely to be an ex-judge or senior barrister, as announced last week by Prime Minister Scott Morrison.

This is likely to lead to years of police investigations and, if soldiers are charged, lengthy trials in what looms as an unprecedented challenge for the AFP and prosecutors, who will need special resourcing and expertise as they attempt to mount the first successful war crimes prosecution in recent Australian history.

Special forces soldiers in Afghanistan.Credit: ADF

The decision to prioritise criminal investigation and prosecution over simply detailing allegations in a public report underpins the belief of the office of the Inspector-General that accountability and punishment for the most serious war crimes should be left to a jury in a criminal trial.

In his report Justice Brereton issued orders preventing the naming of witnesses or those subject to orders. However, The Age and The Sydney Morning Herald have previously reported that one of the key focuses of the inquiry was war hero and Victoria Cross recipient Ben Roberts-Smith. The Federal Court heard recently that then Chief of Defence Force, Mark Binskin, referred Mr Roberts-Smith to the police in 2018 and the Commonwealth Director of Public Prosecutions is assessing the prosecution brief. This was the first referral to police from the Inspector-General's inquiry. Mr Roberts-Smith denies any wrongdoing.

General Campbell said the Australian Defence Force was "rightly held to account for allegations of grave misconduct by some members of our special forces community on operations in Afghanistan".

Apologising to both the Australian and Afghan people, he said Justice Brereton's report "details credible information regarding deeply concerning allegations of unlawful killings by some", however, "I would respectfully ask Australians to remember and have faith in the many. I assure you I do," he said.

General Campbell said the problems started with a "self-centred warrior culture" inside the SAS which was "a misplaced focus on prestige, status and power, turning away from the regiment’s heritage of military excellence fused with the quiet humility of service".

"The report notes that the distorted culture was embraced and amplified by some experienced, charismatic and influential non-commissioned officers and their proteges, who sought to fuse military excellence with ego, elitism and entitlement."

"As units became consumed with preparing for and fighting the war, much of the good order and discipline of military life fell away. Cutting corners, ignoring and bending rules was normalised."

"What also emerged was a toxic competitiveness between the Special Air Services Regiment and the 2nd Commando Regiment – destructive of trust, cohesion and mission, and a disgrace to both."

Special forces soldiers doing drills at the base in Tarin Kowt.Credit: ADF

"Not correcting this culture as it developed was a failure to unit and higher command."

"In this context it is alleged that some patrols took the law into their own hands: rules were broken, stories concocted, lies told and prisoners killed."

General Campbell said that the Chief of the Army had advised the SAS that its second squadron would be struck off the Army order of battle following the devastating revelations, not because it was the only squadron involved, but because striking it would create a "permanent record" of the wrongdoing.

"The Chief of the Army will work over time to adjust and then re-raise a different squadron, titled differently," General Campbell said.

General Campbell said he would write to the Governor-General requesting he revoke the meritorious unit citation for the entire Special Operations Task Group between 2007 and 2013. He said decisions on cancelling individual medals would be made on a case-by-case basis.

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.

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