"We cannot judge": Nat Barr's frank question on war crimes for Army veteran
Sunrise host Natalie Barr surprised viewers when she confronted a war veteran after he referred senior Australian Defence Force leaders to the International Criminal Court over alleged war crimes committed in Afghanistan.
Glenn Kolomeitz, a military lawyer and army veteran, signed the referral alongside Senator Jacqui Lambie.
The referral to The Hague had the criminal court examine the country’s high commanders “through the lens of command responsibility”.
Kolomeitz and Lambie claimed senior commanders have avoided investigation over alleged war crimes in Afghanistan.
“I've got to ask you. This is a question I get asked every time we discuss this general issue,” she said.
“We trained these people to kill, and we trained them to operate in a war setting. None of us as civilians have any idea what that's like and we cannot judge them for when they go over there to war. What do you say to that?”
Kolomeitz insisted that defence force personnel, regardless of rank, must be investigated if they’ve committed or covered up a criminal act.
“I worked with these guys on a couple of rotations, and quite frankly, they are amazing advocates for our country, but if they've done the wrong thing, they must be properly investigated, and they must be vigorously prosecuted. That's the reality,” he said.
“You can't ignore the commanders. You vigorously investigate and prosecute those who have done the wrong thing, including those with command responsibility.”
The TV presenter then asked if an investigation was necessary for the chief of the defence force, Angus Campbell.
Kolomeitz replied, “Every joint task force 633 commanders in that job during the period of the enquiry.”
The army veteran drafted the letter that would be sent to the International Criminal Court.
“If Australia does nothing about it, the ICC can potentially assume jurisdiction over the higher command and excise the higher command investigation from the ongoing investigation of junior soldiers,” he said.
The 2020 Brereton report found “credible” evidence that 25 current or former Australian SAS soldiers unlawfully killed 39 Afghan civilians and prisoners between 2005 and 2016.
The report strongly recommended administrative action be taken against ADF personnel where there is credible evidence of misconduct, but not enough for a criminal conviction.
It ruled that senior commanders were not criminally to blame for the alleged crimes.
Senator Lambie noted leadership had not been held to account for their actions.
“The government is no doubt hoping this will all just go away,” she told the Senate.
“They're hoping Australians will forget that when alleged war crimes in Afghanistan were investigated, our senior commanders got a free pass while our diggers were thrown under the bus.
"Well, we don't forget. I won't forget. Lest we forget.
“There is a culture of cover-up at the highest levels of the Australian Defence Force. It is the ultimate boys' club.”
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