SYDNEY: Australia’s Chief of Defence Force, Angus Campbell, disclosed on Wednesday that the United States (US) had issued a warning in 2021, cautioning that allegations of Australian special forces soldiers committing war crimes in Afghanistan could invoke a law that would restrict US assistance to Australia.
The United States is Australia’s most significant security alliance partner, and the revelation highlights the gravity of the allegations made against Australian forces.
Campbell informed a parliamentary committee that he had received a letter in March 2021 from the US defence attaché in Canberra outlining the concerns expressed by the United States.
In 2020, the Brereton report, a four-year investigation, revealed that Australian special forces were accused of killing 39 unarmed prisoners and civilians in Afghanistan. As a result, Australia referred 19 current and former soldiers for potential criminal prosecution.
Australia’s Chief of Defense Force Confirms Receiving Warning Letter from US
Responding to inquiries from the committee, Campbell confirmed the receipt of the letter from the US defence attaché, which stated that “the report, due to credible information of allegations of what the United States would call gross violations of human rights, may trigger Leahy Law considerations with regards to the relationship between the United States Armed Forces and a partner unit or organization.”
The specific unit in question, according to Campbell, was either the special operations command or the special air services regiment. He further stated that the posting of an Australian soldier was adjusted due to the potential implications of the Leahy Law.
The Leahy Law prohibits the US government from providing funds or assisting units of foreign security forces when there is credible information of gross human rights violations. However, assistance can be resumed if the government takes effective steps to bring those responsible to justice, as stated in a US government fact sheet.
There has been no immediate response from the US Embassy in Canberra regarding the matter. Campbell clarified that neither the defence minister at the time nor the current Defense Minister, Richard Marles, were aware of the letter.
Australia’s military involvement in Afghanistan spanned from September 2001 to mid-June 2021, making it Australia’s longest engagement in an armed conflict.
