Defence probe into alleged unlawful killings by SAS in Afghanistan enters final stages

The Inspector-General of the Australian Defence Force is investigating 55 allegations, mostly killings of Afghan non-combatants, by Special Forces soldiers. Photo: Australian Defence Force
A secret inquiry into alleged war crimes by Australian special forces is in its final stages, and is focusing on accusations of unlawful killings and the cruel treatment of civilians and former enemy fighters.
Investigators are looking into 55 separate incidents of alleged breaches of the rules of war in Afghanistan between 2005 and 2016.
A total of 336 people have given evidence to the probe so far.
The inquiry, by the Inspector General of the Australian Defence Force (IGADF), has been underway since May 2016 and was sparked by allegations and rumours of special forces troops killing unarmed Afghan men and children.
Members of the Defence community have been frustrated at how long the inquiry has been taking to complete.
The latest update was contained in the organisationâs annual report for 2018-2019, which was only tabled in the Senate today despite being signed by Inspector General James Gaynor in November last year.
It said the investigation was aimed predominately at âunlawful killings of persons who were non-combatants or were no longer combatants, but also âcruel treatmentâ of such persons.â
âThe Inquiry is also examining incidents relevant to the organisational, operational and cultural environment which may have enabled the alleged Law of Armed Conflict breaches,â it said.
âThe Inquiry is not focused on decisions made during the âheat of battleâ.
âRather, its focus is the treatment of persons who were clearly non-combatants or who were no longer combatants.â
The secretive probe is being led by former New South Wales Supreme Court Justice Paul Brereton, who travelled to Afghanistan last year to interview witnesses along with Australian Federal Police officers.
The Inspector General said the length of the investigation was caused by its complexity.
âMost other inquiries commence following specific allegations where not only the incidents and events themselves, but also potential witnesses, are known or can be easily identified,â the report said.
âThe starting point for the IGADF Afghanistan Inquiry â vague rumours of Special Forces soldiersâ very serious wrongdoing over a period of more than 10 years â was much less well-defined.â
Defence Minister Linda Reynolds said she expected the inquiryâs final report to be delivered in the next few months.
âThe ADF is well known and highly respected around the world for its exemplary standards and its insistence on them,â she said.
âWhere there are serious rumours and allegations raised about the conduct of our ADF members, Australians would rightly expect that they are thoroughly examined according to the rigorous and well-established processes in place.
âAustralians would also expect that ADF members are treated with utmost fairness throughout these processes.â
Shadow Defence Minister Richard Marles said it was inappropriate to comment on the investigation, as it was still underway.
âLabor supports this independent inquiry, it is essential we have confidence that our special forces are operating in a professional and legal manner,â he said.
-ABC
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