Defence brass was ‘made exempt’

The inquiry into alleged special forces’ war crimes in Afghanistan set out to give “blanket exemption” of accountability for the highest levels of the ADF and Defence, according to an independent probe into the inquiry.

The conclusion appears to vindicate former and current special forces troops and their families, who have long claimed they were made scapegoats to protect the military’s integrity and top brass.

The full extent of that “exemption” may never be revealed, with Defence blocking release of the final review into the 2020 Afghanistan inquiry on the basis it “could prejudice the ability of Defence to obtain such frank opinion and advice in the future”.

ADF chief General Angus Campbell is to give evidence on his leadership to the Royal Commission into Defence and Veteran Suicide on Thursday.

The Afghanistan Inquiry Implementation Oversight Panel was to examine the findings of the inquiry by Major General Paul Brereton, including that criminal behaviour was concealed at patrol commander level and that was where responsibility lay.

The panel – former inspector-general of intelligence and security Vivienne Thom, former Attorney-General’s Department secretary Robert Cornall and University of Tasmania vice-chancellor Rufus Black – reported directly to Defence Minister Richard Marles and was tasked with ensuring that Defence addressed the root causes of a culture that prompted the inquiry in the first place.

“In relation to non-criminal levels of responsibility, while Brereton found at some higher command levels their moral command accountability and responsibility for what happened under their command, Brereton exempted the highest levels of Defence leadership at the relevant times of any responsibility for the grave misconduct which occurred in Afghanistan,” noted Mr Cornall. “They were not required to give evidence to the inquiry or included in the inquiry’s attribution of accountability for any war crimes.”