Chief investigator appointed to probe alleged Australian war crimes
A special investigator will be appointed to prosecute alleged war crimes committed by Australian special forces soldiers in Afghanistan, as the Australian government considers its response to a four-year investigation into the allegations.
Prime Minister Scott Morrison said the Inspector-General of the Australian Defence Force's report, to be released next week in a redacted form, will be "difficult and hard news for Australians".
At least 55 separate incidents have been probed as part of the exhaustive four-year probe that has interviewed more than 330 witnesses.
Defence Force Chief Angus Campbell confirmed last week he had received the Inspector-General's report, which canvasses alleged war crimes committed by special forces troops between 2005 and 2016.
The Office of the Special Investigator will be appointed to drive prosecutions of Australian special forces soldiers who allegedly committed war crimes during the Afghanistan conflict.
The new office, which will be based in the Department of Home Affairs, is being established so that the AFP is not overly burdened and resources are taken away from its other tasks. Home Affairs will be involved in setting it up the independent body, but the department will not be involved in decisions about laying charges.
The AFP has established a taskforce to oversee its investigations of alleged war crimes by Australian special forces soldiers in Afghanistan, but some prosecutions could take as long as 10 years.
Mr Morrison said the special investigator will be an "eminent person" with experience in the justice system and international law, and the new office will also include experienced investigators, legal counsel and other support staff, including from the AFP.
The Office of the Special Investigator will investigate the allegations in the report, gather evidence and refer briefs to the Commonwealth Director of Public Prosecutions for consideration.
The government has also announced the establishment of a new independent oversight panel to drive cultural change within the ADF and implement the report's recommendations.
Mr Morrison said Australian defence force personnel had a lot to be proud of and it was important all members were not tarnished by the report.
"I am so extremely thankful to every Australian who chooses to put on our uniform to serve under our flag, to protect our freedoms, to uphold our values and to protect our interests," Mr Morrison said.
"Our serving men and women are deserving of the respect and admiration in which they are held by the Australian people, and not just here, but our allies and partners around the world. They have earned it. They have demonstrated it.
"That means when you have such standards and respect… [it] requires us to deal with honest and brutal truths where expectations and standards may not have been met.
"This has been the case regarding some very serious issues that were raised regarding conduct by some members of Australia's special operations task group in Afghanistan.
Mr Morrison said Australia needed to have a "deep respect for justice and the rule of law".
He said any soldiers subject to the allegations needed to face the consequences, but it was also important to hold those accountable up the command chain who had "responsibility for the environment in which those Australians served".
"This will be difficult and hard news for Australians, I can assure you," Mr Morrison said.
"There is a significant number of incidents or issues to be investigated further and that investigation will be inherently complex.
"The investigation will require cooperation with international agencies and the evaluation of large amounts of material."
Mr Morrison said the new office will be stood up next year "if not sooner".
The new oversight panel - a separate independent body - will report directly to Defence Minister Linda Reynolds on the implementation of the inquiry's recommendations and their consideration of any wider implications for the ADF.
Senator Reynolds said the oversight panel was being established so that there was "accountability and transparency that sits outside of the ADF chain of command and outside of government".
The panel will include former Inspector-General of Intelligence and Security Dr Vivienne Thom, former Attorney-General's Department secretary Robert Cornall and University of Tasmania Vice Chancellor and ethicist Rufus Black.
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.
https://www.theage.com.au/politics/federal/chief-investigator-appointed-to-probe-alleged-australian-war-crimes-20201112-p56dzs.html