War crimes probe chaos
THE probe into alleged war crimes by ADF special forces in Afghanistan is in disarray with the Australian Federal Police casting doubt on its ability to find witnesses or operate under the Taliban regime.
In its submission to an inquiry into Australia’s engagement in Afghanistan over 20 years, the AFP has formally conceded any inroads made in that country – including training and mentoring thousands of Afghan police – were now all but gone after Kabul’s fall to the Taliban.
The police force specifically referenced the impact the Taliban’s control of the country has had on its last brief to investigate allegations of war crimes by Australia’s soldiers.
The risk of sending any of its officers to make any in-country probe was too great, let alone attempting to approach potential witnesses. “The AFP is not engaging with Taliban-controlled Afghanistan,” the AFP concluded bluntly.
The AFP recognised its responsibility to look into the alleged special forces behaviour between 2005 and 2016 as dictated by Prime Minister Scott Morrison, but admitted it was now tough.
“The security situation in Afghanistan may affect the ongoing investigation of war crimes allegedly perpetrated by ADF personnel in that obtaining evidence and accessing potential witnesses residing there is likely to be more difficult,” it states.
“Any future engagement in Afghanistan would require an assessment of the security situation and other relevant considerations at the time, with the safety of investigators and Afghan nationals remaining the paramount concern.”
There was already a level of disquiet with the investigation by the AFP and AttorneyGeneral’s Department and the likelihood of reaching a level of burden of proof, particularly with the emergence of the questionable backgrounds of both Afghans and ADF soldiers who were prepared to give evidence against the special forces.
The Office of Special Investigator and the AFP probe continues. The probe is looking at 36 incidents involving 39 alleged unlawful killings, including 23 murders by special forces “by or at the direction of members of the Special Operations Task Force Group”.
A total of 19 individuals were initially nominated for investigation, although some allegations have been dropped and others offered immunity in exchange for giving evidence. All claims came from the four-year probe by the Inspector-General of the ADF Afghanistan Inquiry Report, known as the Brereton Report.