Presented by

Professor Tim McCormack FAAL,

Faculty of Law, University of Tasmania and Special Adviser on International Humanitarian Law to the Prosecutor of the International Criminal Court in The Hague

Our National Responsibility: The Brereton Report and the Investigation of Alleged ADF War Crimes in Afghanistan

Held via Zoom at 1pm AEDT Monday 22 November 2021

Major General Paul Brereton’s Inquiry into Alleged ADF War Crimes in Afghanistan found credible information of 25 separate incidents of serious violations of the Law of Armed Conflict involving 39 unlawful killings and 2 incidents of cruel treatment.

Those findings are shocking in scale and in nature (none of the incidents occurred in ‘the heat of battle’). One incident is described by Maj Gen Brereton as ‘possibly the most disgraceful episode in Australia’s military history’). Although the International Criminal Court (ICC) has jurisdiction over conduct occurring in Afghanistan since 2003, the Rome Statute recognises Australia, as the State whose nationals allegedly perpetrated the offences, as having a stronger claim to jurisdiction than the ICC.

The Government’s response to the public release of a redacted version of the Brereton Report was to appoint Justice Mark Weinberg as Special Investigator to lead a criminal investigation into alleged ADF War Crimes in Afghanistan. Although there are multiple challenges for the conduct of the investigation, that it is essential that the investigation is rigorous and independent and that its recommendations are taken seriously.