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Australian Special Forces Soldiers Incensed at War Crimes Inquiry Clearing Commanders of Blame
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Australian special forces soldiers incensed at war crimes inquiry clearing commanders of blame [theguardian.com]:
Former and serving special forces soldiers are frustrated at the failure of the Brereton war crimes report to sanction commanders at the highest level and incensed over a decision to strip the meritorious conduct citation for the entire special operations task group between 2007 and 2013.
The troops have raised questions about how commanders were cleared of responsibility [theguardian.com] for the problems with special forces and questioned how they allowed soldiers to be sent on multiple rotations – a move that potentially contributed to a mindset that encouraged war crimes.
The concerns came as it appeared some of the army’s top brass knew by at least April 2013 that there were major issues with the way locals were being killed during special forces operations.
The inquiry into alleged war crimes by Australian special forces in Afghanistan is done: what now?Read more [theguardian.com]
Australian defence documents about Afghanistan leaked to the ABC back in 2017 [abc.net.au] reportedly contained an April 2013 directive issued from then “chief of the defence force, the chief of joint operations and the head of Joint Task Force 633” stressing Australian soldiers must have a high degree of confidence that a targeted person is directly participating in hostilities.
“An ADF member is exposed to criminal and disciplinary liability, including potentially the war crime of murder … for opening fire on a person when there is a substantial risk that the person is not DPH (direct participant in hostilities),” Gen David Hurley, then the CDF, wrote. Hurley was appointed to the role of Australia’s governor general in July 2019.
The ABC reported that the directive was prompted after an inquiry officer raised concerns about the way rules of engagement were being applied to identify individuals taking part in hostilities. It followed the shooting of two men in a village who local residents claimed were civilians and unarmed.
Just weeks after the ABC published the defence documents which included a large number of the now highly discredited reports clearing soldiers of wrongdoing in Afghan killings, the then chief of the defence force and acting secretary for defence referred their publication to the Australian federal police.
The police later raided the national broadcaster’s office and launched an investigation into the journalists who reported on the documents. A decision was made earlier this year not to charge any of the journalists.
Hurley told Guardian Australia he did not know about the incidents at the time he issued the 2013 directive.
“The alleged atrocities referred to in the IGADF report are horrific, reprehensible and run counter to the ADF’s and Australia’s values. I cannot comment on individual cases, however I hope and believe that the legal process now under way will ensure individual accountability.“It goes without saying that I was unaware of the incidents or allegations of them. The directive issued in 2013 was not in response to any alleged war crimes. If I had been aware of any allegations, I would have instigated immediate action.
“… I am confident that the steps being taken by the ADF in regards to internal culture and process will bring healing to the ADF and, through that, to the Australian public.”
The investigation
Defence only started probing allegations of war crimes in 2015, two years after Australia special forces had withdrawn from Uruzgan, a province of Afghanistan. The first inquiries involved commanders commissioning a study that uncovered some of the allegations.
The following year based on the results of the study, the then chief of army, GenAngus Campbell, requested the inspector general of the Australian defence force (IGADF) inquire into concerns about special operations that included “unsubstantiated stories” of illegal killings and inhumane and unlawful treatment of detainees over a lengthy period of time.
The IGADF then appointed NSW supreme court judge and reserve Maj Gen Paul Brereton to conduct the inquiry, which was released this week [theguardian.com] and found 23 incidents where there was credible evidence of unlawful killing of 39 people by 25 Australian special forces personnel, predominantly from the Special Air Service Regiment (SASR).
In his report Brereton said “a substantial indirect responsibility fell upon those in the Special Air Service regiment who embraced or fostered the ‘warrior culture’ and the clique of noncommissioned officers who propagated it”.
The war crimes inquiry should make us question how we go to war and why | Paul BarrattRead more [theguardian.com]
With respect to high command however he said: “That responsibility and accountability does not extend to higher headquarters, including in particular Headquarters Joint Task Force 633 and Headquarters Joint Operations Command, because they did not have a sufficient degree of command and control to attract the principle of command responsibility, and within the constraints on their authority acted appropriately when relevant information and allegations came to their attention to ascertain the facts.”
In response to the findings, Campbell said he would write to the governor general requesting that he revoke the meritorious unit citation for the entire Special Operations Task Group between 2007 and 2013 and that the second squadron of SAS would be struck off the army order of battle.
‘This should go right up to the top, to the prime minister’
Former SAS officer and Vietnam veteran Michael von Berg said the report was highly concerning, but he questioned some of the conclusions about command responsibility and the decision to strip the unit citation and disband the 2 squadron.
Von Berg who served in Vietnam as a reconnaissance platoon commander said it should not just be the patrol commanders who took the blame.
“There is no way, if you are a good officer, that you don’t know what is going on with your troop or squadron or regiment,’’ said von Berg who was awarded a military cross for his actions during a major contact in Vietnam in 1966.
“My personal view is that this should go right up to the top, to the prime minister and cabinet, and the reason I say that is because we have flogged these poor buggers [SASR soldiers] over multiple tours and many of the tasks they were doing were basic infantry tasks.
“Things like village cordon and search, disruption and advance to contact, ambushing and observation post work. This is the stuff that infantry do and our infantry battalions are fantastic. The SAS has been set up to operate in small groups and here they are doing basic infantry work and that has been the problem. Having said that, rotation pressure is no excuse for the allegations disclosed.”
Von Berg said veterans were horrified about the move to disband 2 Squadron SASR and to strip the meritorious citation from the special operations task group.
“A lot of the old diggers who served in 2 squadron back in Vietnam are at an age like I am, of 77, and they are struggling, and all of sudden to lose the identity of the squadron they proudly served with twice in Vietnam is particularly sad. I understand the reasoning but I think it’s disappointing.”
He said his phone had been ringing off the hook about the move to strip the meritorious citation.
“I’ve had calls from old and young on the subject. They are saying they understand the reasons and don’t agree with the decision. You are punishing everybody when in fact there are some really good troopers in SAS who had nothing to do with this,” he said.
One serving SASR soldier said he found it impossible to believe that commanders were not aware of the culture of special forces – especially when they regularly drank with them in the Australia SAS bar, which was secretly allowed to operate in Afghanistan despite the ban on alcohol on the base.
Geoff Evans, a former commando who deployed to Afghanistan twice and now works with veterans, raised questions about whether enough was done by command to deal with some of the issues around the high intensity of tours.
“When people are conducting multiple tours of high intensity combat, what was once a clear line can start to grey,’’ said Evans, who was wounded in action by an improvised explosive.
“And that is where really clear leadership needs to step in and say, ‘No, that’s the line, don’t cross.’ When you are getting into these situations where things are not clear it behooves a leader to step in and say don’t. That’s why the military has rigid standards.”
‘Australia left them to die’
Heston Russell, who deployed to Afghanistan four times with the commando regiment and his since founded the veterans advocacy group, Voice of a Veteran, said the stripping of the meritorious unit citation was “absolute rubbish” and did not accord with Campbell’s public statements.
Campbell on Thursday was at pains to point out that the vast majority of those who served in Afghanistan were above reproach, yet still stripped all special forces of the citation.
“The chief of the defence force on the one hand finally acknowledges all of the great work special forces have done, and acknowledged this is the few, not the many,” Russell said.
“And at the same time, he reprimands the many … he’s the one who’s actually making the biggest damage to the reputation by removing this.”
'We expected better from Australia': shock and anger in Afghanistan at war crimes reportRead more [theguardian.com]
He said more Afghans had died due to the political decision to leave Afghanistan, without any proper protections in place for interpreters and others who had worked with Australian troops.
Russell questioned why no investigation had occurred into the decisions to led to that terrible outcome.
“There was no Afghan partner force that we worked with involved in this inquiry, because they’re all dead. Where’s the investigation into that strategy?” he said.
“That’s the shit that’s weighing on my guys’ heads. They deployed three, four, five times, partnering with the same guys, meeting their new children when they went over there. Helping them put visas through that never got approved.”
“They were executed by the enemy we were fighting when we left. Australia left them to die.”
• In Australia, support and counselling for veterans and their families is available 24 hours a day from Open Arms on 1800 011 046 or www.openarms.gov.au [openarms.gov.au] and Safe Zone Support on 1800 142 072 or https://www.openarms.gov.au/safe-zone-support [openarms.gov.au]
• In Australia, support and counselling for veterans and their families is available 24 hours a day from Open Arms on 1800 011 046 or www.openarms.gov.au [openarms.gov.au] and Safe Zone Support on 1800 142 072 or https://www.openarms.gov.au/safe-zone-support [openarms.gov.au]
