Australian Soldiers Who Killed 39 Prisoners And Civilians In Afghanistan Will Be Tried

NATO troops in Kabul, Afghanistan (Source: Antara / Reuters)

JAKARTA - A number of members of the Australian military special forces are likely to be tried for alleged involvement in war crimes in Afghanistan. Law enforcement authorities in Australia are trying to bring dozens of special forces personnel to justice because they allegedly killed 39 prisoners and civilians while serving in Afghanistan.

Information about the alleged war crimes is included in a report published on Thursday, November 19. In the report, senior soldiers are believed to have forced juniors to kill defenseless prisoners to plunge them into fighting an extremist group in Afghanistan.

The report also recommended that 19 members of the special forces, comprising active soldiers and those who have left the unit, be prosecuted in court. The findings disappointed Australians as they respect and are proud of their nation's military history.

David McBride, a former military lawyer who leaked the scandal, said he felt "supported" by the report after years of being treated as a "traitor to the army," said his lawyer, Mark Davis. McBride is currently still facing criminal charges for leaking classified documents containing information on the killings in Afghanistan to the Australian Broadcasting Corp (ABC).

"If the allegations he previously conveyed are proven, he will feel that his reputation has been restored, whatever the sentence may be," Davis said by telephone. "His good name will come back clean, as well as his conviction to do the right thing," he said.

McBride confirmed allegations that he provided classified documents to the ABC and that testimony provided the basis for prosecution against him. Starting with this testimony, law enforcement officials also searched the ABC headquarters in Sydney last year.

Police in October dismissed a legal case against the ABC due to a lack of support and attention from the public to continue the investigation. However, McBride still faces long jail terms if he is convicted. The trial regarding the McBride case will begin next year.

Davis says the judge must reject all charges against his client. Dusty Miller, a military doctor and witness to the investigation, when interviewed by the ABC, said his claims related to the killings of civilians in Afghanistan were "justified" openly by the commander of the armed forces.

Black history

The report, for leaders in Australia, is the darkest chapter in military history in the country of Kangaroo. A number of lawmakers condemned the alleged acts of violence by special forces and supported the possibility that the suspects should be prosecuted.

But at the same time, the members of the council also expressed solidarity with the armed forces in Australia. "The report made me physically sick and was very sad to read," said Australian Defense Minister Linda Reynolds, who once served in the Army.

"I know this incident does not represent unity ... and does not represent the majority of men and women who are still fighting to protect our country with great responsibility," said Reynolds.

Meanwhile, Finance Minister Josh Frydenberg said the allegations were "very serious but should not cover up all the positive work that the military has done to carry our name". Australian Prime Minister Scott Morrison had previously warned the report would sadden Australia and its military. However, he did not comment further after the report was published.

Afghan President Ashraf Gani on Thursday evening, November 19, tweeted that Morrison had "expressed deep sorrow" over the alleged killing of Afghans by members of the Australian special forces.

Defense Minister Reynolds said last week Canberra had received information that a domestic legal case had rendered claims at the world level, namely at the International Criminal Court in The Hague, Netherlands, no longer valid.

Residents in Kabul, the capital of Afghanistan, welcomed the Australian Government's plan to bring the perpetrators of the killings to justice. However, they were divided when asked where the suspect should be tried.

"Those who commit such serious crimes must be tried by law in Afghanistan and must be given a fair sentence," said Abdul Mutahal, a Kabul resident.

Mohammad Isaaq Faiaz, the Shiite priest, said the suspects "must be tried in Australia and the families of the victims must be compensated."