Australian military commanders stripped of their medals over war crimes allegations in Afghanistan – JURIST

Several current and former Australian military commanders have been stripped of their medals over allegations that they committed war crimes during the Afghanistan war, Defence Minister Richard Marles said on Thursday.

In a statement on the broadcast of the Closure of the Afghanistan [‘Brereton Inquiry’] Report Marles said:

“Two of the outstanding recommendations of the Brereton Report related to the responsibility of commanders during the relevant period. The final step in implementing these two recommendations was for me to communicate to the relevant commanders my decision regarding the medals awarded to them in the course of their service during the periods close to the incidents at the centre of the Brereton Report. I have now written these letters. My decisions in this matter are consistent with the findings and recommendations of the Brereton Report. In accordance with obligations to the individuals involved, including under the Data Protection Act, I am prohibited from disclosing the details and findings.”

This action follows the recommendations of an inquiry led by Major General Paul Brereton, which examined misconduct by Australian special forces from 2005 to 2016. Brereton's report implicated around 25 soldiers from the Special Air Service Regiment and the Commando Regiment in the unlawful killing of 39 Afghans.

Minister Marles stressed the seriousness of these allegations and informed Parliament that he had contacted the commanders regarding the awards received during the period in question, but for privacy reasons he did not provide information on the number of people or their ranks. In his speech he said:

“The allegations that are the subject of the Brereton report are arguably the most serious allegations of Australian war crimes in our history.”

To date, no Australian veteran has been convicted of a war crime in Afghanistan. However, whistleblower and former military lawyer David McBride was convicted of leaking classified information about these allegations. In 2023, former SAS soldier Oliver Schulz was charged with a war crime for allegedly killing a civilian in 2012.

The 2020 Brereton Inquiry found credible information to support “rumours” of 39 unlawful killings by or on the orders of Australian Special Forces in Afghanistan, as well as other cases of cruel or inhumane treatment of civilians that may violate international humanitarian law.