Warcrimes list narrows
Up to 20 soldiers in investigator’s sights
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.
It is understood 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 “generation al change ’’ that has occurred since 2016, with about 80 percent of Australia’ s current cohort of Special Forces soldiers never having served in Afghanistan.
Chief of the Defence Force General Angus Campbell will release an anonym is ed 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 breach es 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 can not be used in criminal proceedings.
The Special Investigator’s office will have to re investigate 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 about 75 Australian Federal Police, lawyers and experts.
Any criminal proceedings against current and former soldiers would likely dragon for years. It is understood 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 robust Australian response.