Grattan on Friday: Australia’s war crimes in Afghanistan – how could those up the chain not know?


Michelle Grattan, University of Canberra

When he speaks at functions, Scott Morrison routinely pays tribute to present and past members of the Australian Defence Force.

It seems a very American thing to do.

But he is also putting the military on an extremely high pedestal. When some of those on that pedestal are found to have done appalling things, the shock is doubly great.

For many Australians, looking back on a history of war heroism, it will be hard to take in what the investigation by Justice Paul Brereton has found: 25 current or former soldiers, from the special forces, allegedly perpetrated, as principals or accessories, war crimes in Afghanistan.

A total of 39 people – Afghan non-combatants or prisoners of war – were killed, and another two cruelly treated. Some 19 Australians will be referred on for criminal investigation and likely or possible prosecution.

For the government and the military brass, the Brereton findings are not, or should not be, as surprising as is being claimed.

For a long time, there have been suggestions of bad behaviour by some Australians in Afghanistan.




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Indeed, even when I was there way back in 2002, and Australia had 150 special forces in place, there was chatter among the international media that the Australians were fast and loose.

Before then, there were allegations of brutality by Australian special forces in East Timor in the late 1990s.

The military itself in recent years commissioned inquiries into the culture and operations of the special forces.

In a 2016 report on culture, Samantha Crompvoets wrote, on the basis of the interviews she conducted, of “unverifiable accounts of extremely serious breaches of accountability and trust”.

Most concerning were “allusions to behaviour and practices involving abuse of drugs and alcohol, domestic violence, unsanctioned and illegal application of violence on operations, disregard for human life and dignity, and the perception of a complete lack of accountability at times”.

David McBride, who served in Afghanistan as a military lawyer, blew the whistle on misconduct, and has been prosecuted for his public service.

In some excellent journalism, The Age/Sydney Morning Herald and the ABC extensively documented alleged criminal behaviour.

Even so, Angus Campbell, Chief of the Australian Defence Force, said of the Brereton report: “I was anticipating it wouldn’t be good – but I didn’t realise how bad it would be”.

Brereton documents how a culture of compliance, intimidation and silence in the field hushed up crimes, and he highlights the “warrior culture” of Special Air Service Regiment commanders in Australia.

Patrol commanders on the ground were culpable. “The criminal behaviour in this Report was conceived, committed, continued and concealed at patrol commander level, and it is overwhelmingly at that level that responsibility resides,” Brereton writes. To a junior SASR trooper, “fresh from selection and reinforcement cycle, the patrol commander is a demigod, and one who can make or break a trooper’s career”.

But those up the chain did not know what was going on, Brereton found, although they bore a “moral command responsibility”.




Read more:
Evidence of war crimes found against 25 Australian soldiers in Afghanistan


The key question is, how could this be so? We are talking about multiple crimes of murder and brutality, practices such as “blooding” (patrol commanders requiring a junior soldier to shoot a prisoner to make his first kill), and planting false evidence on victims.

If senior officers did not pick up gossip and whispers, surely they should have been enough aware of the broad special forces culture to know that extensive checks should be in place to guard against the ever-present threat of misconduct.

In 2011, Campbell was appointed Commander Joint Task Force 633, responsible for Australian forces in the Middle East including Afghanistan.

Asked on Thursday for his response to those who might say the report had let people like him “off the hook”, Campbell admitted “I wonder was there something I walked past, was there some indicator I didn’t see?”

Having not done enough many years ago to ensure Australia’s special forces were best prepared to meet proper standards of legal and ethical conduct, the ADF more recently began reform and is now in overdrive to make amends for the atrocities that have been committed.

The government is trying to keep as much at arms length as it can (and remember this inquiry stretches back through Coalition and Labor years, with the worst behaviour concentrated in 2012-13). But it has quickly and properly set up a special investigator’s office that will undertake further work to gather and prepare material for criminal actions.

Campbell has accepted all Brereton’s recommendations. He has made a public apology to the Afghan people. He’s been in contact with the head of the Afghan military. Australia will pay compensation to victims’ families.

In Canada, after a major scandal, the unit concerned was disbanded. That is not happening here, but a SASR sub-unit has got the chop.




Read more:
Politics with Michelle Grattan: Defence expert Allan Behm on the background to the Brereton report


While Thursday’s release of the report was a huge moment, it actually marks the middle of a process.

The military is some way down the track in dealing with its consequences, and the preparations for the prosecution process are advancing. The government is particularly anxious to be seen to be pursuing wrongdoers vigorously: it wants them to be brought to justice under Australian law, not to go to international justice.

The Meritorious Unit Citation that was awarded to the Special Operations Task Group will be revoked – which is appropriate though it will be hard on soldiers who performed commendably and bravely and without fault – and meritorious awards won by individuals will be reviewed.

The redacted report does not name those it says should be referred for criminal investigation; hopefully they’ll be successfully bought to justice but it will be a difficult, long road, given the report is not a brief of evidence and much work will have to be redone.

With so much redaction, there is still a good deal we don’t know about these events. When the official history of the time is written some years on, it will include the unredacted material.

The affair has torn at the heart of Australia’s military reputation. It has not destroyed that reputation, but the repair effort must be comprehensive and, above all, transparent.

And it should always be remembered that the military can be as fallible as any other group in society, and a small minority of individuals as reprehensible as other criminals, and to assume otherwise is to be blind in the name of false patriotism.The Conversation

Michelle Grattan, Professorial Fellow, University of Canberra

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Scott Morrison prepares Australians for shocking news out of report on misconduct in Afghanistan


Michelle Grattan, University of Canberra

The government is setting up a special investigator office to examine the findings of the Inspector-General of the Australian Defence Force’s inquiry into alleged misconduct by Australian special forces in Afghanistan between 2005 and 2016.

The office will assist and coordinate Australia Federal Police criminal investigations into matters raised by the inquiry, gather evidence and where appropriate refer briefs to the Director of Public Prosecutions.

Ahead of next week’s release of the redacted report, prepared by Justice Paul Brereton, Scott Morrison warned it would be “difficult and hard news” for Australians to hear.

He said the Australian Defence Force had served in Afghanistan “with great sacrifice, while dealing with significant challenges”, and more generally, he was extremely thankful “to every Australian who chooses to put on our uniform”.

But “we need to ensure justice is truly served by illuminating the conduct of those who may have acted in ways that do not accord with the high standards expected of our ADF and those expectations held by the serving men and women of our ADF and their veterans community, past and present.”

Morrison said the conduct covered the time-span of three governments. “Our responsibility is to ensure now that we deal with this in a way that accords with our Australian standards of justice, that respects the rule of law, that provides the relevant checks and balances through this process, that upholds our values and standards and the respect that we have for our Defence Forces that they have earned and deserve”.

He stressed the need to “protect the vulnerable whether serving currently or who are in our veterans community who have no part in this ”.

While those accused of misconduct must be held accountable within the justice system and the Australian rule of law “responsibility must also be taken by leadership to ensure the lessons are learned and these events are never repeated”.

The inquiry has examined a raft of alleged breaches of the laws of armed conflict, including claims of murder and mistreatment, involving non-combatants and those being held prisoner.

The report covers not just specific allegations, but also the culture that allowed misbehaviour.

The government is also establishing a panel to oversee Defence’s broader response to the inquiry, covering cultural, organisational and leadership change. It will report to the defence minister.

Its members will be Vivienne Thom, a former inspector-general of intelligence and security, Robert Cornall, a former secretary of the attorney-general’s department, and Rufus Black, an ethicist and vice-chancellor of the University of Tasmania.

The special investigator will be a senior counsel or retired judge. The office will sit in the Home Affairs portfolio. It will have investigative staff from within the Australian Federal Police, state police experts and legal counsel.

The investigations would normally be handled by the AFP but the volume and complexity of the task is too great.

Morrison said it would operate as long as necessary.

Ben Roberts-Smith, a VC recipient in Afghanistan, who has been subject to allegations in the media, issued a statement on Thursday night.The Conversation

Michelle Grattan, Professorial Fellow, University of Canberra

This article is republished from The Conversation under a Creative Commons license. Read the original article.

SYRIA: US CROSS BORDER ATTACK IN WAR ON TERROR


The United States has mounted a cross border attack inside Syria. According to reports from Syria, some 4 US helicopters operating from inside Iraq, crossed the border and attacked an area 8 kilometres inside Syria. US special forces carried out the attack. The attack has killed 8 people and was allegedly aimed at probable Al Qaeda operatives.

The attack was aimed at a route used by Al Qaeda operatives moving through Syria into Iraq. The US has stated that the attack should send a strong message to Syria. The Syrian government has condemned the incursion on its soil and protested the action to both Iraq and the United States.

The various videos below show various reports on the attack:

INDIA: OFFICIALS DOUBT CHRISTIANS KILLED HINDU LEADER


Orissa government leaks assessment pointing toward Maoists; protests nationwide

NEW DELHI, August 29 (Compass Direct News) – Sources in the government of Orissa said in an India media report today that they believe that Christians were not behind the killing of Vishwa Hindu Parishad (World Hindu Council or VHP) leader Laxmanananda Saraswati and four of his disciples on Saturday (August 23).

The death toll in “retributive” attacks against Christians today stood at 36, according to the Global Council of Indian Christians (GCIC).

A private news channel, NDTV 24X7, reported unnamed government sources as saying that their assessment was that Christians had no role in the killing, and that the probe was leading to Maoist (extreme Marxist) culprits.

Inspector General of Police (Intelligence) Manmohan Praharaj had on Wednesday told The Indian Express newspaper that evidence available to police was “consistent with the Maoist stamp in the kind of operation they undertake.”

“The assailants had left a note written on the letterhead of Vamsadhara Zonal Committee, signed by one Azad, and it is consistent with the Maoist methods,” he added.

After the attack on Saraswati’s ashram (religious center) in Kandhamal district, the VHP and the Hindu nationalist Bharatiya Janata Party (BJP), partner of the ruling coalition with the Biju Janata Dal party, claimed that Christians had killed Saraswati because he was fighting “forced” conversions. Saraswati was allegedly behind a spate of anti-Christian attacks in Kandhamal last Christmas season. The violence lasted for more than a week beginning December 24, and killed at least four Christians and burned 730 houses and 95 churches.

With Hindu extremist leaders having urged followers to “Kill Christians and destroy their institutions,” mobs allegedly led by the VHP today carried on attacks on Christians in Orissa’s Kandhamal district for the sixth consecutive day, though there were reportedly fewer incidents than in the previous five days.

To express solidarity with the victims of the violence, Christians from various denominations and across the country registered their protests. Around 45,000 Christian schools and colleges throughout the country remained closed today to demand protection of Christians in Orissa.

“Survival is more important than education,” the Rev. Dr. Babu Joseph, spokesman of the Catholic Bishops’ Conference of India (CBCI), told Indo-Asian News Service (IANS), refering to the CBCI’s call for a nationwide closure of Christian schools.

A Hindu extremist group in Gwalior city in the northern state of Madhya Pradesh, however, pelted stones at some schools and churches.

“While all Christian schools and colleges in Madhya Pradesh remained closed on Friday in protest, a group of people pelted stones at Carmel Convent School, St. Theresa School and Church and St. Paul’s Church in Gwalior,” V.K. Suryavanshi, superintendent of police, told IANS. Madhya Pradesh is ruled by the BJP.

 

‘Ethnic Cleansing’

Raising cries against “ethnic cleansing” of Christians in Orissa, thousands of Christians today staged a rally in the national capital to protest violence that has claimed at least 30 lives, destroyed hundreds of houses and churches and forced thousands of Christians to flee to jungles.

Among other protests across the country, at the Orissa House in New Delhi Christians from almost 30 churches and numerous organizations gathered to protest the violence. Addressing the throng was Archbishop Raphael Cheenath from Orissa, Archbishop Vincent Concessao of Delhi, Dr. John Dayal of the All India Christian Council (AICC) and the Rev. Dr. Richard Howell of the Evangelical Fellowship of India.

Member of Parliament P.C. Thomas, retired high court judge Kulse Patil, attorneys from the Christian Legal Association, human rights activists Shabnam Hashmi and Teesta Setalvad, and Dalit leader Udit Raj were also part of the protest.

Christians submitted a memorandum to Orissa Gov. Murlidhar Chandrakant Bhandare after the rally.

“In deep anguish and pain, we, the Christian community of the Delhi and National Capital Region, submit this memorandum to you, and not to the Chief Minister of Orissa, because we believe that by not stopping the ethnic cleansing of Christians in Orissa in the last six days, he has abdicated his Constitutional duties to the Sangh Parivar [family of Hindu extremist groups] and thereby has forfeited his right to be in government,” it said.

The memorandum also demanded declaration of President’s Rule in Orissa under Article 356 of the Indian Constitution, saying the constitutional machinery of the state had failed.

“Nuns have been raped, pastors, priests, religious workers injured in their hundreds,” it reads. “Over forty churches have been destroyed, many for the second time, apart from once again hundreds upon hundreds of houses burnt in towns, villages and forest settlements. Christians have been chased and hunted like animals.”

The GCIC will stage a day-long sit-in protest in front of the Orissa state assembly in state capital Bhubaneswar tomorrow.

Organizations in the United States and United Kingdom also have condemned the violence, demanding action against the attackers. Christian Solidarity Worldwide, the Dalit Freedom Network, the Federation of Indian American Christian Organizations in North American, the Indian National Overseas Congress, and the Indian Muslim Council of the USA are among them.

 

‘National Shame’

A Christian delegation from across various denominations yesterday met with Indian Prime Minister Manmohan Singh, who called the Orissa violence a “national shame.” Singh assured the church leaders of compensation of 300,000 rupees (US$7,500) to the families of those killed, reported The Hindu newspaper.

Singh also reportedly promised funds from the Prime Ministers’ Relief Fund for providing relief and rehabilitation to all those affected by the violence.

The federal government also seeks a probe by the Central Bureau of Investigation (CBI) into the violence against Christians.

“We would have liked ideally that this matter be handed over to the CBI, because those responsible should get justice immediately as judicial probe takes longer time,” Science and Technology Minister Kapil Sibal (from the Congress Party) told the Press Trust of India news agency. Sibal, however, clarified that it was for the state government to recommend a probe by the federal investigating agency, as the federal government could not do this on its own.

The opposition Congress Party in the Orissa state assembly House moved a no-confidence motion against the ruling coalition late today. It posed little threat to the government, which had the required majority to defeat it in a voice vote.

 

Tensions, Mob Attacks Continue as Violence Ebbs

NEW DELHI, August 29 (Compass Direct News) – As a week of violence drew to a close following the killing of senior Vishwa Hindu Parishad (VHP) leader Laxmananada Saraswati, some angry Hindu mobs were still attacking Christians in spite of orders by the Orissa state administration to shoot agitators on sight.

The “shoot-at-sight” orders are in place in eight of the most sensitive areas as the number of deaths climbed to at least 36, according to the Global Council of Indian Christians. By nightfall in Orissa state, authorities had discovered the body of Abhimanyu Naik of Kandhamal district near Raikia village; they said he was the apparent victim of a mob attack.

The government maintains a figure of 19 dead, while Christian and human rights agencies calculate higher tolls. The Asian Centre for Human Rights asserts that more than 50 persons, mainly Christians, have been killed. Dr. John Dayal, secretary general of the All India Christian Council, reported in a letter to United Progressive Alliance Chairperson Sonia Gandhi that 30 persons have been killed.

Orissa police have reportedly put about 165 people behind bars for the violence, but Vijay Simha, senior editor of independent weekly news magazine Tehelka, told Compass from Kandhamal district that there is no evidence against them.

“These arrests are based purely on suspicion,” he said. “There is terror all over. Those who are hiding in the forest and those in the homes – no one feels safe. The areas are totally deserted.”

Orissa officials report that in Kandhamal district alone 20 churches have been burned, 19 people killed, 10 people seriously injured, 28 vehicles burned and more than 500 houses burned down or destroyed. But lawyer Bibhu Dutta Das told Compass that the number of houses burned or destroyed in Kandhamal could be “a lot more than what was quoted in the government report – the number can be over 1,000.”

Sources said churches were attacked today in Tharnamal, Phatara, and Panbarani. Churches were burned throughout the district of Bolangir and the areas of Ganjam and Kalumunda in the past few days. In Bolangir, four churches were burned yesterday in Dhandhamal, Monihira, Phatkorra, and Bilaikani.

The assault on churches continued in Bolangir district. Sources said that in Tharnamal, Bolangir a mob of around 60 people attacked a church building where Christians were present inside. The attackers included at least four minors. The Christians were able to flee as the assailants destroyed the structure.

Additionally, one church was burned in Kalumunda, and one in Ganjam.

 

Appeals for Help

Deputy Inspector General of Police R.P. Koche told Compass that tensions remain while security is gradually increasing.

“Curfew is relaxed in Phulbani town, and the situation is quite under control,” he said. “Though tension prevails in Kandhamal, the situation is improving gradually in some areas. Security forces have been able to enter inaccessible areas by removing obstacles placed by miscreants.”

Koche said that a number of Special Forces were deployed in Kandhamal district, including the Central Reserve Police Force and the Rapid Action Force, while Orissa state armed police had deployed 24 platoons in the area.

Local sources in Baliguda said the curfew there was relaxed today, and markets were re-opened.

Christian and human rights agencies have appealed for the government to do more to bring the violence under control. After the New Delhi-based Human Rights Law Network filed a petition in Cuttack High Court, the Orissa High Court yesterday directed the state government to immediately deploy more forces to protect the rights and properties of the people.

Another petition was filed by the Utkal Christian Council. The High Court of Orissa heard the case today and issued show-cause notices to the state of Orissa and the Union of India to file replies.

“It has been directed that the state shall requisition required number of security forces, and the central government shall provide the same,” Attorney B.D. Das told Compass. “Further, it was directed that the state shall furnish the details of how much security forces it has applied for with the Central Government and how many has the Central government so far provided for the maintenance of law and order situation in the state.”

In addition, the National Human Rights Commission today asked the Orissa government to file a detailed report on violence in the state within two weeks.

 

Relief Camps

Suresh Mohapatra, a government administrator, told media that the state government had opened seven relief camps along the affected areas that could accommodate nearly 5,000 people.

“People are still coming to camps,” he said, adding that he expected the flow to end soon as “the riots have stopped.”

Local sources told Compass that more than 1,000 people are at a relief camp at G. Udaygiri, with the government providing makeshift shelter and basic foods.  

Report from Compass Direct News