Summary of ABC News Story
The Albanese Australian government has detailed its plan to compensate the families of individuals who were found to have been unlawfully killed or abused by Australian special forces in Afghanistan. This move comes in response to one of the key recommendations from the 2020 Brereton report, which found “credible information” suggesting that Australian Defence Force (ADF) personnel were involved in serious crimes, including the “murder” of 39 prisoners and civilians between 2005 and 2016.
In regulations quietly published on Thursday, a new Afghanistan Inquiry Compensation Advocate will be responsible for assessing claims referred by the Chief of the Defence Force (CDF), Admiral David Johnston. The criteria for these claims include that the claimant must be “reasonably likely” to be a victim of assault or property damage, or a family member of someone unlawfully killed. Additionally, the claimant must not be a member of a terrorist organization.
Once the claim is considered, the Advocate will report their recommendation to Admiral Johnston. The final decision, however, lies with the CDF. Should Admiral Johnston’s decision differ from the Advocate’s recommendation, he is required to inform Defence Minister Richard Marles with at least 15 days’ notice.
The identity of the Advocate has not yet been announced, but the regulations specify that they will be appointed by Mr. Marles on a part-time basis. A spokesperson for the Defence Minister emphasized the government’s commitment to fully implementing the Brereton report’s recommendations, including establishing a compensation pathway.
Opposition Home Affairs spokesman James Paterson is awaiting further government briefings, while Greens Defence spokesman David Shoebridge expressed concern over the CDF’s authority to overrule the Advocate’s advice.
One critical question remains: How can compensation be paid to victims if no soldier has been found guilty of any war crimes? The government’s approach to addressing this paradox will likely be a subject of debate as further announcements regarding the Afghanistan Inquiry report are expected in the coming months.