Australian War Crimes Cases in Afghanistan Remain Open
DID Press: An investigative report by Australia’s SBS has revisited allegations of war crimes involving Australian special forces in Afghanistan, including the unlawful killing of at least 39 Afghans and allegations of a culture of concealment within the Australian military.
The SBS investigation traveled to Uruzgan province to examine testimony from local witnesses alongside official findings concerning alleged killings by Australian special forces.
The report begins with the case of Hekmatullah, a former Afghan army soldier who killed three Australian soldiers at Patrol Base Wahab in 2012 before fleeing. It then examines Australian special forces operations in the villages of Sola and Darwan in Uruzgan, where Afghan civilians were allegedly killed.
A major focus of the investigation is Ben Roberts-Smith, Australia’s most decorated living soldier and a recipient of the Victoria Cross. An Australian civil court found, on the balance of probabilities, that he was involved in four killings in Afghanistan.
The investigation also examines the Brereton Report, released in 2020, which identified credible information concerning 23 incidents involving the alleged unlawful killing of 39 Afghans. The findings included allegations that some victims had been detained or were under the control of Australian special forces, and that weapons or radios were placed beside bodies to make the killings appear legitimate.
In the village of Sola, SBS spoke with Haji Gul Mohammad, a local witness who alleged that a mosque imam and his son were killed during an operation, disputing the Australian military’s account. In Darwan, the killing of Ali Jan, an Afghan farmer, was cited as an alleged example of a killing following detention. Testimony from Australian soldiers has also supported aspects of the account, according to the report.
The investigation highlights the slow pace of criminal proceedings in Australia. The Office of the Special Investigator has examined dozens of cases, but only one has so far resulted in prosecution, while around 20 cases remain active.
Ben Saul, the UN Special Rapporteur, said direct testimony or video evidence from Afghan civilians could prove decisive in a number of cases.
The report also raises the issue of compensation for Afghan victims. Many families have yet to receive financial compensation, despite the Brereton Report recommending payments years ago. Australian officials have said the government remains committed to implementing its recommendations, but the process has remained slow and complex.
SBS concluded that despite the end of Australia’s military involvement in Afghanistan, allegations of war crimes involving Australian special forces remain unresolved, leaving Afghan victims’ families and Australian veterans awaiting further accountability and justice.