Australia to prosecute troops for war crimes in Afghanistan



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Australia announced on Thursday a new investigative agency to build criminal cases against Australian special forces suspected of committing war crimes in Afghanistan.

The Office of the Special Investigator will be formed after a four-year investigation into allegations and rumors surrounding the behavior of some soldiers in the Special Air Service and Command Regiments in Afghanistan from 2005 to 2016.

Benjamin Roberts-Smith, Australia’s most decorated member of the armed forces when he left the SAS in 2013, has been accused by former colleagues of illegal treatment of prisoners, including the illegal murder of prisoners. The former corporal, who was awarded the Victorian Cross and the Medal of Gallantry for his service in Afghanistan, has denied any wrongdoing.

Australian Prime Minister Scott Morrison has announced a new investigative agency to build criminal cases against Australian special forces suspected of committing war crimes in Afghanistan.

Lukas Coch / AP

Australian Prime Minister Scott Morrison has announced a new investigative agency to build criminal cases against Australian special forces suspected of committing war crimes in Afghanistan.

Defense Force chief Gen. Angus Campbell will release a redacted report on the four-year investigation next week.

Australian Prime Minister Scott Morrison said the new agency, headed by a retired judge or senior criminal lawyer, was necessary because the workload would “seriously overwhelm” existing police resources.

“This report will be tough news and all of our partners must be sure and those around the world are right to hold the Australian Defense Forces in high regard,” Morrison told reporters.

“In Australia, we deal with this matter and we do so honestly, but in accordance with the rule of law and following the practices and principles of justice that make Australia what it is,” he added.

Until recently, two journalists from the Australian Broadcasting Corporation faced possible prison sentences for using leaked classified defense documents as the basis for a 2017 report detailing allegations of Australian soldiers killing unarmed men and boys.

Police raided ABC Sydney’s headquarters with search warrants last year, but prosecutors decided that charging the journalists would not be in the public interest.

The prosecution of the suspected Australian war criminals is expected to take years.

“These are incredibly complex events that involve actions and behaviors in another country, in a war,” Morrison said.

Benjamin Roberts-Smith, Australia's most decorated member of the armed forces when he left the SAS in 2013, has been accused by former colleagues of illegal treatment of prisoners, including the illegal murder of prisoners.

Stefan Postles / Getty Images

Benjamin Roberts-Smith, Australia’s most decorated member of the armed forces when he left the SAS in 2013, has been accused by former colleagues of illegal treatment of prisoners, including the illegal murder of prisoners.

“This is not a simple matter … and therefore it will take the time necessary to ensure that we meet our dual objectives of addressing the justice that is necessary according to our laws and systems, but also ensuring the integrity of our defense forces on which we all depend ”, he added.

Neil James, executive director of the Australian Defense Association think tank, said the Australian military wanted the soldiers to have their day in court to end a “series of ongoing rumors.”

“It is certainly the case that they will take a long time because we are talking about a complex investigation, the witnesses will have to be interviewed with caution, in many cases those witnesses will be abroad, and in some cases it will be difficult to interview them because they are in enemy-controlled territory in a war zone, ”James said.

“So the complexity of this is going to be difficult, but you have to deal with it because … Australia has to deal with this, that things went wrong and we have to fix it,” he added.

Around 39,000 Australians served in Afghanistan and 41 died.

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