A four-year investigation into alleged misconduct by Australian special forces in Afghanistan has detailed “credible” evidence of 39 unlawful killings of Afghan civilians or prisoners.
The heavily redacted findings of the inquiry, conducted by Major General Paul Brereton, depict a harrowing account of allegations of grave misconduct by SAS soldiers in Afghanistan.
Tasked with investigating whether there was substance to “rumours of war crimes” committed between 2005 and 2016, the report has reached a damning conclusion: the answer “must sadly be, ‘Yes, there is’.”
So, what were the key findings of the report and what happens from here?
What has the report found?
The exhaustive inquiry, released by Defence Chief General Angus Campbell on Thursday, detailed allegations of 39 unlawful killings of Afghan nationals and two allegations of “cruel treatment” in 23 separate incidents.
Major General Brereton identified 25 current or former ADF personnel accused of perpetrating one or more war crimes. Some of those allegedly responsible are still serving in Australia’s military.
The inquiry also found credible evidence of cover-ups. Major General Brereton alleged some soldiers carried out “throwdowns” – where foreign weapons or equipment were placed on the bodies of the dead in order to portray that the person had been carrying a weapon and was a legitimate target.
It also found there was credible information that junior soldiers were required by their patrol commanders to shoot prisoners, in a practice described as “blooding”. The senior officer would command his subordinate to shoot the prisoner before placing a weapon on the body.
“A ‘cover story’ was created for the purposes of operational reporting and to deflect scrutiny. This was reinforced with a code of silence,” the report said.
It also identified the prevalence of rumours relating to the use of dogs “to inflict injuries on local nationals, including in the course of tactical questioning, is such that it is likely to have happened”.
Two alleged incidents in 2012 are fully redacted from the Inquiry, and are described as “possibly the most disgraceful episode in Australia’s military history”.
Why is this a crime?
The victims of these alleged incidents were civilians, prisoners or non-combatants.
The inquiry wasn’t concerned with misconduct in what is calls the “heat of battle”; it looked at unlawful killings when it involved civilians or prisoners clearly subdued.
“Those alleged to have been unlawfully killed are the people under control – in lay terms prisoners, farmers or other civilians,” General Campbell told reporters on Thursday.
General Campbell added the alleged killings did not occur in circumstances when the intent of the perpetrator was “unclear, confused or mistaken”.
A culture of lawlessness
Major General Brereton’s report also identified cultural problems around secrecy, fabrication and deceit within some SAS squadrons, with veterans describing a “warrior culture” of “arrogance”, “exceptionalism” and a feeling of being “untouchable”.
“It is alleged that some patrols took the law into their own hands, rules were broken, stories concocted, lies told and prisoners killed,” General Campbell said.
The inquiry alleged that members of the SAS were “not well-mentored, but were rather left to swim or sink”.
The report also warned “there was a presumption, not founded in evidence, to discount local national complaints as insurgent propaganda or motivated by a desire for compensation”.
It said that protracted and repeated deployment of special forces troops – due to fatigue and a lost sense of purpose – was a contributing factor to the incidents uncovered.
What happens from here?
The alleged victims and their families are likely to receive compensation.
General Campbell said he supported this recommendation of the report and a process would commence between the Australian and Afghan governments towards reaching this outcome.
“It needs to be done in a way that allows and creates the effect that we are seeking, which would be to support those families,” he said.
General Campbell accepted all of the other recommendations from the 465-page report.
He will write to the Governor-General requesting he revoke the meritorious unit citation for the entire Special Operations Task Group who served in Afghanistan between 2007 and 2013.
Individual soldiers could be stripped of their medals or face disciplinary action.
The inquiry has recommended General Campbell refer 26 matters to the Australian Federal Police for criminal investigation. Those matters relate to 23 incidents and involve 19 soldiers.
Individuals alleged to have been found negligent in their performance of the duty will be managed through administrative and disciplinary processes.
The second squadron Special Air Service has already been disbanded following the report.
ADF members and their families can call the Defence all-hours Support Line, a confidential telephone and online service, on 1800 628 036.
Open Arms provides 24-hour free and confidential counselling and support for current and former ADF members and their families on 1800 011 046.
Defence personnel, contemporary veterans, and their families can also contact national support services provider Soldier On during office hours 1300 620 380.
