US Warns Australia about Future Cooperation Following Australian Special Forces War Crime Allegations

In a recent Senate estimates hearing, Chief of Defence Force General Angus Campbell revealed that in March 2021, after the Brereton Report was released, the United States Military notified the General of legal concerns regarding the US’ ability to assist the Australian SAS regiment and Special Operations Command in their future operations because of these allegations.

Australian SASR Operator Shooting Unarmed Afghan Civilian

General Campbell was grilled in the hearing by crossbench senators Jacqui Lambie, a Tasmanian senator who is notable for her advocacy for ADF veterans and a veteran herself, and also David Shoebridge, a Greens senator and former barrister.

The Brereton report released in late 2020 found that 39 prisoners and civilians had been murdered, and two others had been subject to cruel and inhumane treatment under the control of members of the Australian Special Operations Task Group (SOTG) during the War in Afghanistan. The report revealed that 25 ADF soldiers were involved, directly or as accessories.

General Campbell told the committee he “received a letter from the defence attache of the United States Armed Forces based in Canberra to me, indicating that the release of the Brereton report and its findings may initiate Leahy law considerations”.

Questioned by Senator Lambie, he further revealed that he had not notified Defence Minister Richard Marles or his predecessors of the letter he received, and the Senate estimates hearing is the first time it had been revealed to members of the government.

Deputy Prime Minister and Minister for Defence, the Hon. Richard Marles MP (left), and Chief of the Defence Force General Angus Campbell AO, DSC, (via Department of Defence)

Senator Shoebridge further pressed General Campbell, who refused to outline how long the US military might have placed restrictions on their cooperation with special forces or what the restrictions actually were, which Senator Shoebridge labelled as “unacceptable”.

Chief of the Defence Force, Air Chief Marshal Angus Houston (left), salutes Australian Army soldier Corporal Ben Roberts-Smith, VC, MG, during the Victoria Cross for Australia investiture ceremony at Campbell Barracks, Perth, on 23 January 2011. (via Department of Defence, 2011)

This inquiry comes in conjunction with findings by Federal Court judge, Justice Anthony Besanko, that Australian SASR war veteran and Victoria Cross Recipient Ben Roberts-Smith may have committed a criminal offence, being involved in the unlawful killings of four civilians in Afghanistan, losing his defamation case against three newspapers and journalists.