Introduction
Australia, as a participant in military operations in Afghanistan, bears significant responsibilities regarding human rights and humanitarian issues. Numerous credible documents and reports suggest that Australian military forces committed war crimes during their deployment in Afghanistan. This situation demands thorough and comprehensive investigation, as the unresolved cases of war crimes and the lack of accountability for victims have created serious challenges. Verified reports indicate that human rights violations and breaches of international law have severely affected victims. Moreover, the lack of transparency in investigative processes and inadequate reparations for victims remain pressing concerns. To ensure justice and respect for victims’ rights, Australia must undertake serious and effective actions.
Incidents
- The Brereton Report: In November 2020, the four-year investigation by the Inspector-General of the Australian Defence Force (IGADF), known as the Brereton Report, concluded that elements of Australia’s elite Special Forces units (mainly SAS and Commando Regiment) had unlawfully killed at least 39 Afghan civilians and prisoners between 2009 and 2013. In two instances, they also committed acts of cruelty[1]. All the victims were either civilians or no longer combatants at the time of death; none of the killings occurred during active combat operations. According to the Brereton Report, these acts would constitute war crimes if proven in court. On the day of the report’s release, General Angus Campbell, Chief of the Australian Defence Force, officially apologized for the misconduct. Subsequently, the Australian government accepted 143 recommendations, initiated structural reforms, disbanded the SAS’s 2nd Squadron, established the Office of the Special Investigator (OSI) for criminal prosecutions, and issued directives to revoke honors and medals of implicated units. In connection with these revelations, David McBride, a former military lawyer who leaked key documents, was prosecuted in 2023[2].
- February 2009, Sorkh Morghab Village (Uruzgan Province): Village witnesses reported that Australian Special Forces stormed a wedding compound during a night raid, deliberately killing four men and two small children with grenades. Among the victims was a man named Marlaha (also known as Amrullah). His son, about 10 years old at the time, recounted: “I remember the screams… the dogs were barking… they knocked at the door; my mother and five other family members, including two-year-old twins, were killed inside.” The Australian government later confirmed that this incident was documented at the beginning of the Brereton Report but the case was closed without disclosing the final outcome[3].
- March 2012, Sar Khuma Village (Uruzgan Province): According to the Afghan Independent Human Rights Commission, Australian forces wounded at least two unarmed civilians during a raid. A four-year-old boy, Zabihullah, was stabbed in the back, and another boy, Mohammad Wali, who was deaf, was brutally beaten and lost consciousness, suffering long-term psychological damage. Then-commander of the Special Operations Task Group, John Hawkins, denied these allegations. Although some official accounts suggested the raid was a mistake and implied a possible apology, early reports highlighted acts of violence far beyond the rules of engagement[4].
- September 2012, Darwan Village (Uruzgan Province): During a search operation, Australian soldiers captured three unarmed young Afghan men. One, named Ali Jan, was deliberately killed by Special Forces troops. Witnesses testified that soldiers forced Ali Jan to climb a cliff and then kicked and shot him off the edge. After his death, they spread out his limbs and placed a radio under his body to falsely depict him as an armed combatant. A federal court judge later accepted this account as factual[5]. This and similar incidents, including the forced killings of civilians by new recruits under a “blooding” ritual, revealed profound dysfunction within the training and culture of Australia’s Special Forces[6].
Challenges and Responses
- Pace and Adequacy of Criminal Prosecution: Despite the Brereton Report’s release over four years ago, only one individual has been formally charged with a war crime, and the case has not yet proceeded to trial. Military and political insiders have reportedly tried to delay proceedings, risking the loss of crucial evidence. Authorities have stated it may take between one to five years for evidence to be transferred to prosecutors. Elaine Pearson, Asia Director at Human Rights Watch, warned that justice for Afghan victims becomes less likely as time passes. International experts insist the OSI must operate independently from the military and government and pursue the entire chain of command without exception[7]. However, the 2021 Defence Reform Report indicated that action against commanders might be postponed until after ongoing investigations conclude. Meanwhile, the delay in prosecuting senior commanders has sparked political outrage, with Green Senator Jordon Steele-John denouncing the “unacceptable waste of time” and demanding greater transparency[8].
- Structural Flaws and Organizational Gaps: Critics argue that assigning the original investigation to a military body (IGADF) compromised its independence. The inquiry was administrative rather than criminal, preventing immediate charges; investigators had to rely on interviews and classified documents. Afghan victims’ participation was notably minimal. According to Afghan human rights advocates, many families in Uruzgan believe crucial witnesses and evidence have yet to be considered. UN bodies like the Committee Against Torture have recommended that Australia involve Afghan stakeholders directly and learn from criminal tribunals in Afghanistan and The Hague. Moreover, financial support offered to victims was provided as “tactical grants” without independent legislative backing, clashing with international human rights standards[9]. Analysts say Australia still views reparations as acts of charity rather than fulfilling binding legal obligations.
- Criticism from International Bodies: Human rights organizations have offered the most comprehensive responses. Amnesty International welcomed the Brereton Report but demanded immediate implementation of recommendations and effective reparation mechanisms[10]. Human Rights Watch amplified victims’ voices, stressing the need for independent prosecutions, even at senior command levels. UN human rights experts reiterated in a 2024 statement that Australia must swiftly remedy violations in accordance with international law. Additionally, independent Senator Jacqui Lambie submitted a petition to the International Criminal Court urging prosecutions of Australian commanders and calling on allies like the U.S. to examine their own pasts[11]. The 2023 civil case against Ben Roberts-Smith in Australia also marked a significant milestone, with a federal judge confirming the unlawful killing of Afghan civilians by an Australian soldier. Although the case was civil, it reinforced the reality of war crimes and underscored the need for serious accountability.
- International Pursuits: Some victims’ families have sought justice through Afghan and international mechanisms. Afghan groups like the Transitional Justice Coordinators have consistently called for intervention by special Afghan or international courts. In July 2024, Australia passed a new law for war victims’ compensation, yet experts warned that the current approach still resembles “charity” and fails to meet international standards for reparations. At the UN Human Rights Council, Australia pledged to advance reparations, but critics argue the government’s actions remain insufficiently swift.
Conclusion
The scandal of war crimes committed in Afghanistan represents an unprecedented blow to the reputation of Australia’s military and government. The Brereton Report and multiple independent investigations have exposed harrowing details of widespread and systematic abuses. Although Australian authorities have taken some steps by accepting the report’s recommendations, many questions remain unanswered: serious prosecutions are still lacking, victims’ rights have not been fully realized, and military self-regulatory structures remain inadequately reformed. International organizations and human rights defenders repeatedly emphasize that Australia’s adherence to its international obligations — from the Geneva Conventions to the Rome Statute — will only be achieved through a comprehensive, rights-centered response. This requires not only prompt and independent criminal prosecutions but also full reparations for victims, acknowledgment of the truth, and guarantees of non-repetition.
References
[1] Saul, B. (2025, March 14). Australian compensation for war crimes in Afghanistan: A rights-based approach, not military charity, is needed. Lieber Institute West Point. Retrieved April 27, 2025, from: https://lieber.westpoint.edu/australian-compensation-war-crimes-afghanistan-rights-based-approach-not-military-charity-needed/
[2] Knaus, Ch. (2020, November 19). Australian special forces involved in killing of 39 Afghan civilians, war crimes report alleges. The Guardian. Retrieved April 27, 2025, from: https://www.theguardian.com/australia-news/2020/nov/19/australian-special-forces-involved-in-of-39-afghan-civilians-war-crimes-report-alleges
[3] Hadid, D & Khwaga, G. (2021, April 25). ‘I remember them screaming’: Afghans detail alleged killings by Australian military. Retrieved April 27, 2025, from: https://www.npr.org/2021/04/25/989546260/i-remember-them-screaming-afghans-detail-alleged-killings-by-australian-military
[4] Willacy, M. (2019, October 16). What really happened at Sarkhume? New report alleges unarmed civilians killed by Australian special forces. ABC News. Retrieved April 27, 2025, from: https://www.abc.net.au/news/2019-10-17/afghan-civilians-killed-by-australian-soldiers-claims-report/11598374
[5] Shanahan, M. (2023, June 9). A first (civil) ruling confirms Australia’s war crimes in Afghanistan. Justice Info. Retrieved April 27, 2025, from: https://www.justiceinfo.net/en/117812-first-civil-ruling-confirms-australia-war-crimes-afghanistan.html
[6] Doran, M. (2020, November 19). Afghanistan war crimes report released by Defence Chief Angus Campbell includes evidence of 39 murders by special forces. ABC News. Retrieved April 27, 2025, from: https://www.abc.net.au/news/2020-11-19/afghanistan-war-crimes-report-igadf-paul-brereton-released/12896234
[7] Human Rights Watch. (2020, November 18). Australia: Follow Afghan report with prosecutions. Retrieved April 27, 2025, from: https://www.hrw.org/news/2020/11/19/australia-follow-afghan-report-prosecutions
[8] Karp, P. (2021, August 5). Serious action needed on Australian military culture, but commanders may not be held accountable for years. The Guardian. Retrieved April 27, 2025, from: https://www.theguardian.com/australia-news/2021/aug/05/serious-action-needed-on-australian-military-culture-but-commanders-may-not-be-held-accountable-for-years
[9] Odero, D. (2024, August 8). UN experts urge Australia to compensate families of war crimes in Afghanistan. Retrieved April 27, 2025, from: https://www.jurist.org/news/2024/08/un-experts-urge-australia-to-compensate-families-of-war-crimes-in-afghanistan
[10] Amnesty International Australia. (2020, November 20). Afghan and Australian human rights groups welcome release of the Brereton Afghanistan inquiry. Retrieved April 27, 2025, from: https://www.amnesty.org.au/afghan-and-australian-human-rights-groups-welcome-release-of-the-brereton-afghanistan-inquiry/
[11] McGuirk, R. (2023, June 15). Senator Lambie says Australia should consider ICC over war crimes in Afghanistan. AP News. Retrieved April 27, 2025, from: https://apnews.com/article/senator-lambie-war-crimes-afghanistan-icc-f9440cb9cee5cc25db6c4fdefc1cfb9e
