- 7am (7ampodcast.com.au). The India-Pakistan Ceasefire Agreement: Progress for Peace in Kashmir? The Brereton report and the establishment of a special investigator’s office indicate that Australia is already taking these allegations seriously and that it is ready and willing to prosecute. The Inspector-General of the Australian Defence Force (IGADF) has released the Brereton Report, which includes evidence that Australian soldiers committed war crimes in Afghanistan between 2005 and 2016. The Brereton war crimes inquiry report has been released today, alleging multiple murders by Australian special forces personnel. In the 23 incidents of the commission of war crimes, the report detailed that 39 individuals were killed, an additional 2 were cruelly treated and a total of 25 current or former ADF personnel were perpetrators as principals or accessories. Hamlet’s glass and the Brereton Report: the radical reality of Australia’s security culture. In 2016, the Inspector-General of the Australian Defence Force (ADF) launched the Afghanistan Inquiry (The Inquiry) to investigate allegations of breaches of the Laws of Armed Conflict by the Special Operations Task Group and their superiors in Afghanistan from 2005 to 2016. Moreover, they had responded appropriately when allegations arose, with investigations only being frustrated through ‘outright deceit by those who knew the truth’. The Australian government has begged the US and Afghanistan to stop the release of this convicted murderer. Anton … Kelly Phan is a fourth year Law/Arts student at Monash University. The Brereton report of Australian SAS warcrimes in Afghanistan reveals how Australia's 'innocent' image is fraudulant, and always was. What is the Brereton Report? The release of the Brereton Report has confirmed an open secret: Australian soldiers in Afghanistan are suspected of murdering at least thirty-nine unarmed civilians. - Braden Chapman, former SAS operative in Afghanistan, 2012. ‘Throwdowns’ would be placed and a cover story created for operational reporting, and soldiers were subject to a ‘code of silence’. In 2016 the Inspector-General of the Australian Defence Force appointed Paul Brereton, a Justice of the NSW Court of Appeal and a Major General in the Australian Army Reserves, to inquire into rumours of breaches of the law of armed conflict by members of Australian special forces operating in Afghanistan. The report reveals allegations of the “blooding”, or … A small number of patrol commanders and their protegees (corporals or sergeants) have been found to be responsible. 'Repugnant': Scott Morrison demands apology from China over Australian soldier tweet – video. Already, advocates are, Over the next few years, Australians will witness prosecutions that mark dark moments in Australian history. The Presiding Clerk of Australian Quakers has written to the Prime Minister relating to the Brereton Report and alleged war crimes by Australian soldiers in Afghanistan. Why are entire schools being kidnapped in Nigeria? Nonetheless, the war is primarily a conflict between the Afghan government and insurgents, foreign fighters and Taliban supporters. In all cases, the victims were clearly non-combatants and protected under the Geneva Conventions. Your support powers our independent journalism, Available for everyone, funded by readers, Mark Weinberg will examine Brereton report allegations that special forces soldiers committed war crimes in Afghanistan, Human Rights Watch is ‘troubled’ by the PM’s suggestion the government is not considering reparations for Afghan families, Former Dfat head says China-Australia relations ‘going to bounce along the bottom’; Victorian mask rules likely to ease. The Brereton report sets out that while there were allegations of Iraqi war crimes, Australia was not involved in their prosecution. Brereton Report into war crimes by Australian soldiers in Afghanistan November 18, 2020 6:35 PM Subscribe. It is noted that the period under consideration by the Inquiry (2005 - 2014) concerned Operation SLIPPER, which has its legal basis in an invitation by the Afghan government and several UN Security Council resolutions (in particular Resolution 1386). UNSW Canberra Associate Professor Douglas Guilfoyle is an expert in international criminal law. Micronesia exits the Pacific Island Forum over leadership dispute, Jamal Khashoggi and the future of Saudi-US relations, Lessons from Mongolia: Australia, it’s time to Steppe up, The easily forgotten victims of China and Australia’s bilateral tensions, Old and Forgotten: Why We Need a UN Convention on the Rights of Older Persons, Who is responsible for Australia’s war crimes? This morning the government presented a main summary of the findings of the Brereton inquiry, a long-running investigation into alleged war crimes committed by Australian special forces in Afghanistan. Listen for more: Who is responsible for Australia’s war crimes? Judge who backed George Pell appeal appointed special investigator into alleged Australian war crimes. Jones argued the prime minister had lit the match by warning Australia to expect “brutal truths” to be revealed in the Brereton report. The Brereton report also has serious ramifications for Australia’s Western allies, as it sets a precedent for Western countries to finally be held accountable for their own conduct in armed conflicts. There were also practices of ‘blooding’, where junior soldiers were required by their patrol commanders to shoot a prisoner to achieve their ‘first kill’. Australia’s support for international organisations and instruments designed to end impunity such as the International Criminal Court has also been weakening, with diplomats joining U.S. and U.K. scepticism for its efficiency and efficacy. With the release of the final report of the Inspector-General of the ADF Afghanistan Inquiry, commonly known as the Brereton Report, Australia must now deal with its collective shame - the commission of war crimes by Australian soldiers. What comes next for the Australian Republican Movement? But the Australian example provides an irrefutable case for the importance of work in this field, and how serious the consequences can be for the self-esteem of a whole nation (literally) if it is neglected. Therefore, Common Article 3 of the Geneva Conventions (concerned with obligations towards non-combatants in NIAC) is the most relevant provision for the Inquiry, which applies as a matter of customary international law and treaty obligation. Australia was a party to the Geneva Conventions and its accompanying protocols, and the disciplinary laws and offences that applied domestically to IHL were now Australian drafted and enacted within local legislation. The release of the report garnered national headlines, international attention and responses from victims and activists. In this one, we get stuck into the rest. It pinpoints indirect contributions of senior-level officers by accepting deviations from professional standards, sanitising or embellishing reports and failing to challenge accounts given from lower-level officers. The laws of armed conflict, generally known as international humanitarian law or the Geneva Conventions, are laws that prohibit certain conduct during armed conflicts. There were several incidents of ‘throwdowns’ - where foreign weapons or equipment such as pistols, small hand-held radios, weapon magazines and grenades were placed on victims for the purpose of ‘site exploitation photography’. 25 current and former A.D.F. This includes referrals to a new office of the special investigator to consider criminal prosecutions, changes in the ADF’s organisational structure and an apology to the people of Afghanistan. ... and cults of the dead lead logically to what Brereton discovered – namely, that such a substantial body of evidence exists certain personnel should be investigated … Moreover, the NIAC offences under the Criminal Code may be prosecuted domestically under the extra-territorial jurisdiction captured in section 268.117 (defined in section 15.4). In our first article relating to the history, we provided a rundown on the Boer War, the Boxer Rebellion and the First World War. This blog is now closed, Andrew Hastie says details in Brereton report alleging special forces soldiers murdered Afghan children allowed Beijing ‘to malign our troops’, Investigation follows revelation of pictures which show soldiers drinking from leg and carrying it on the battlefield, It is imperative that the Australian government offer support to new and existing Afghan refugees, Australia’s allies take aim at China’s campaign of ‘disinformation’, Scott Morrison says China should be ‘totally ashamed’ of digitally altered image depicting Australian soldier posted by foreign ministry. © 2021 Guardian News & Media Limited or its affiliated companies. Brereton report on Australian war crimes throws light on a culture of secrecy and cover-up An elevated position. This is despite the fact that other Western countries, such as Australia, have been involved in the war in Afghanistan through several NATO-led military operations. The recently released Brereton report into alleged SAS war atrocities perpetrated in Afghanistan provides an account of historical Australian war crimes committed in six different conflicts.. The Brereton report is a good start, but the Australian government needs to go a lot further to make amends, Afghan-Australians say. Thus, the report concluded that: ‘there was little opportunity for the Commanding Officer of any Special Operations Task Group rotation to create a Special Operations Task Group culture’. Already, advocates are calling for British and American defence forces to be investigated for war crimes in Afghanistan. The war in Afghanistan is a non-international armed conflict (NIAC), meaning that the Inquiry has been largely concerned with liability under section 268.70 (War crime - murder) and section 268.72 (War crime - cruel treatment) of the Criminal Code. The involvement of Australia in war crimes is another blow in Australia’s international image, which has already been marked by acknowledgement of genocide and crimes against humanity during the Stolen Generations by UN Special Rapporteur Tauli-Corpuz and breaches of international refugee and human rights law in Australia’s asylum seeker detention policies by UN Special Rapporteur Crépeau. Australia represents itself as … Ben Roberts-Smith: trial of the century gets bigger with media empires as well as soldiers at war, Peter Dutton overrules decision to strip medals from SAS soldiers who served in Afghanistan, Australian federal police investigating fresh allegations against ex-soldier Ben Roberts-Smith, Kerry Stokes to remain war memorial chair despite criticism of his support for Ben Roberts-Smith, Judge who backed George Pell appeal appointed special investigator into alleged Australian war crimes, Scott Morrison warned Australia is obliged to compensate war crimes victims, No locally acquired Covid-19 cases in NSW, as EU criticises China over tweet - as it happened, Australian MP and ex-soldier blasts release of 'unproven rumours' alleging Afghan war crimes, Australian army to investigate soldiers' use of dead Taliban fighter's prosthetic leg, The war crimes report has reawakened old traumas for Afghan-Australians, War crimes: former minister reveals why Canada disbanded its special airborne force after scandal, Australian politics live with Amy Remeikis, Adelaide pizza worker accused of misleading Covid contact tracers will not be charged – as it happened, UK and US lock in behind Australia in China row, Twitter has become a new battleground for China's wolf-warrior diplomats, Australians should not dismiss war crimes scandal as just a few 'bad apples', expert says, Australian politics live: WA to change border quarantine rules on 8 December - as it happened, Photo reveals Australian soldier drinking beer out of dead Taliban fighter's prosthetic leg, China rejects Australian PM's call to apologise for 'repugnant' tweet. Australia’s robust civilian and military justice systems mean that it is more than capable of investigating and prosecuting war crimes. In the public version of the final report of the Inquiry, it concluded that the rumours of war crimes were substantiated in 23 incidents: “Because of the nature of this Inquiry, which is not a criminal trial, it cannot and does not find guilt in any individual case. In response to the report, 2 Squadron, Special Air Service Regiment was disbanded (with a new squadron to be raised at a later date), and the Morrison government established a new Office of the Special Investigator to investigate further criminal conduct and recommend prosecution of individuals involved. Nepal Facing a Mountain of Trouble on Everest. The report, which was released last week and is widely being referred to as the ‘Brereton War Crimes Report’, alleges that a group of 19 soldiers within the Australian Defence Force’s (ADF) elite Special Air Services and commandos regiment had killed and brutalised at least 39 Afghan civilians, including children. Australia's Collective Shame: The Brereton Report on War Crimes in Afghanistan, In 2016, the Inspector-General of the Australian Defence Force (ADF) launched the Afghanistan Inquiry (The Inquiry) to investigate allegations of breaches of the Laws of Armed Conflict by the Special Operations Task Group and their superiors in Afghanistan from 2005 to 2016. N McKenzie and C Masters ‘“Blood lust, killings, cover-ups”: Report describes Australia's … Videos and witness reports detailing these war crimes, including the, The war in Afghanistan is a non-international armed conflict (NIAC), meaning that the Inquiry has been largely concerned with liability under section 268.70 (War crime - murder) and section 268.72 (War crime - cruel treatment) of the, It is noted that the period under consideration by the Inquiry (2005 - 2014) concerned Operation SLIPPER, which has its legal basis in an invitation by the Afghan government and several UN Security Council resolutions (in particular, It is unlikely that ADF officers will be extradited to a trial at the International Criminal Court (ICC) if prosecutions begin domestically under the, However, these factors have not resulted in alleged liability for senior-level officers under the doctrine of command responsibility (see section 268.115, The involvement of Australia in war crimes is another blow in Australia’s international image, which has already been marked by acknowledgement of, The Brereton report also has serious ramifications for Australia’s Western allies, as it sets a precedent for Western countries to finally be held accountable for their own conduct in armed conflicts. Although direct criminal responsibility has not been found at the higher levels of the ADF, the Brereton report has not absolved them of responsibility. However, the facts suggest that superior officers were not in a position, organisationally or geographically, to influence the Special Operations Task Group. … Under this legal doctrine of liability, senior-level officials can be responsible for war crimes if they have a sufficient degree of command and control over their subordinates. The Inquiry has not conclusively reported on the motivations of these individuals, but has listed several possible intentions: (1) ‘clearing’ the battlefield of people believed to be ‘insurgents’ in disregard of the Laws of Armed Conflict; (2) ‘blooding’ new members of the patrol and troop; and (3) out-scoring other patrols in the number of enemy killed in action achieved. image: section of the Brereton report Australia Yearly Meeting Presiding Clerk has written this letter to the Australian Prime Minister of behalf of Australian Quakers seeking support for two initiatives relating to the alleged war crimes by Australian soldiers in Afghanistan.. The point of all this is to raise just one example of how the current Government, and the Howard... Military's role has morphed. Since the release of the Inquiry’s report, the chief of the ADF, General Angus Campbell, has accepted all 143 recommendations outlined in the Inquiry. Indeed, not only does the report detail a redacted account of the recent 39 alleged murders in Afghanistan, but it also provides a history of Australian war crimes pertaining to the Boer War through to the First Gulf War. Hastie said he felt very strongly about the matter, given he was a veteran of the Special Air Service Regiment and a member of the Morrison government. The Brereton Report has shocked Australia but there are further major aspects of this overall story (mostly ignored by mendacious Mainstream media) that … The report examined the Australian Defence Force’s (ADF) actions in Afghanistan between 2005 to 2016 and concluded that the Australian special forces murdered 39 civilians and prisoners of war, which was subsequently covered up. Videos and witness reports detailing these war crimes, including the killing of unarmed civilians, killing of prisoners of war and planting guns and radios on civilians, have been shocking and damning. After a long investigation, the redacted version of the Brereton report was released to the public on November 19. All rights reserved. There are four Geneva Conventions and the Additional Protocols, each protecting different groups of people. Individual criminal responsibility for these acts is found in the Rome Statute of the International Criminal Court (Rome Statute), which was incorporated by Australia into Division 268 of the Commonwealth Criminal Code Act 1995 (Criminal Code). She is broadly interested in international criminal law and justice and has completed an internship with the Coalition for the International Criminal Court. What an interesting coincidence that the long-awaited Brereton report, over four years in the making, has been released so soon after the transfer to Qatar of Hekmatullah, the Afghan Army murderer of three Australian soldiers. EDITORIAL: As Australians around the nation reckoned with the ‘blunt truths’ made manifest by the Brereton Report last week, a portion of our community remained unsurprised by the findings. It calls for Special Operations Task Group troop, squadron and task group Commanders to bear moral command responsibility and accountability for the actions of corporals and sergeants. However... 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’.”. Under the Criminal Code, the Inquiry has largely contemplated liability under Subdivisions F and G. It is unlikely that ADF officers will be extradited to a trial at the International Criminal Court (ICC) if prosecutions begin domestically under the Criminal Code. Over the next few years, Australians will witness prosecutions that mark dark moments in Australian history. This will be the first time that the war crime provisions of the Criminal Code will be utilised in Australian courts, serving as a stark reminder to all of what the Geneva Conventions and the Rome Statute were designed to prevent. This will be the first time that the war crime provisions of the, The Proud Boys and the Rise of Right-Wing Extremism, The Mess That Is The European Vaccine Rollout, The Swiss Burqa Ban and its implications for Islamic relations in Europe, Papua New Guinea and the Surge of COVID-19 Cases, The Politics of International Development: China, Sri Lanka, and the West, The Muzzling of Freedom: examining the use of Egypt’s counter-terrorism laws. The West Australian MP, who is not under investigation by the Brereton report, deployed to Afghanistan as a Troop Commander in 2013 as part of the Special Operations Task Group. In December 2020, Home Affairs Minister Peter Dutton appointed former Judge of the Supreme … She is also the Marketing and Communications Director for Young Diplomats Society. The Brereton report also has serious ramifications for Australia’s Western allies, as it sets a precedent for Western countries to finally be held accountable for their own conduct in armed conflicts. Major General Justice Brereton, who led the Inquiry, has described the acts of ADF officers in Afghanistan as ‘disgraceful and a profound betrayal’ of the ADF. In our first article relating to the history, we provided a rundown on the Boer War, the Boxer Rebellion and the First World War. They are the domestic victims of the invasion and occupation of Afghanistan by Australia: Afghan-Australians. A landmark inquiry into Australian special forces in Afghanistan finds evidence of the "murder" of 39 prisoners, farmers or other civilians and recommends 19 … In essence, members of the ADF were attempting to portray victims as legitimate targets or combatants to conceal deliberate unlawful killings. 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 … The recently released Brereton report into alleged SAS war atrocities perpetrated in Afghanistan provides an account of historical Australian war crimes committed in six different conflicts. Given the significant involvement of Australia in Afghanistan over many years, Quakers Australia believe a thorough and strong response is … That the Brereton report was released after Melbourne Cup day presaged government reliance on the distractions of Australia’s festive season. The authors of the report have gone to great lengths to stress that these slayings — whose victims include children — were driven by “blood lust,” “competition killing,” and sickening “rites of passage.” However, these factors have not resulted in alleged liability for senior-level officers under the doctrine of command responsibility (see section 268.115 Criminal Code). A long-awaited report into alleged war crimes by Australian troops touches on ‘highly sensitive’ matters, Prime Minister Scott Morrison says. ‘the Australian people (to) ask their government to withdraw its troops from Afghanistan because their presence is only making the situation worse’. The ‘blooding’ of young soldiers. Under these provisions, individuals such as ADF officers can be held criminally liable for the commission of war crimes. In this one, we get stuck into the rest. Does Australia really have to be so strident when it comes to China? As the just released Brereton report reveals, the laws are often breached. “When you’re back at the unit, people would make jokes about the size of the rug that they’ve swept everything under, and that one day it’ll all come out and people are going to be thrown in jail for murder or anything else that they’ve done.”. Already, advocates are calling for British and American defence forces to … Link to report updated at 12:41pm 19/11/2020. In conformity with legal principle, the practices of commissions of inquiry, and the Inquiry Directions, its findings in any individual case are limited to whether there is ‘credible information’ of breaches of Law of Armed Conflict (‘war crimes’). This is because the ICC operates upon a principle of complementarity, meaning that it lacks jurisdiction unless Australia ‘is unwilling or unable genuinely to carry out the investigation or prosecution’ (Article 17 Rome Statute). - 7am (7ampodcast.com.au). 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