MELBOURNE, Australia — Australian authorities have filed war crime charges against a 47-year-old former military member on Tuesday, accusing him of murdering five defenseless Afghan civilians during his deployment between 2009 and 2012, according to law enforcement officials.
The identity of the accused veteran has not been disclosed by authorities. Court officials expect him to make his initial appearance before a Sydney judge on Tuesday.
This case represents just the second instance of an Australian Afghanistan war veteran facing war crime prosecution.
The first case involves 44-year-old Oliver Schulz, a former member of the Special Air Service Regiment, who has entered a not guilty plea to war crime murder charges. Prosecutors allege Schulz fatally shot an Afghan civilian named Dad Mohammad three times in the head while in a wheat field in Uruzgan province during May 2012.
Under Australian federal law, war crime murder constitutes the deliberate killing of individuals not actively engaged in combat operations, including civilians, captured soldiers, or wounded personnel during armed conflict. Conviction carries a maximum penalty of life imprisonment.
The suspect was taken into custody at Sydney Airport on Tuesday following his arrival from Brisbane, according to Australian Federal Police Commissioner Krissy Barrett.
“Authorities will contend that the deceased individuals were not participating in combat activities when they were allegedly murdered in Afghanistan. We will argue that these victims had been detained, were without weapons, and remained under Australian Defense Force supervision at the time of their deaths,” Barrett explained during a media briefing.
“The prosecution will maintain that the accused either personally shot the victims or that subordinate ADF personnel carried out the killings while in his presence and following his commands,” Barrett continued.
These criminal charges stem from a military investigation completed in 2020 that documented evidence showing elite Australian SAS and commando units illegally executed 39 Afghan detainees, agricultural workers, and other non-combatants.
Barrett emphasized that only a limited number of service members are implicated in the current allegations.
“The alleged misconduct associated with these charges involves only a very small portion of our reliable and esteemed ADF personnel who work to protect our nation’s security,” Barrett stated.
“The vast majority of our military forces make our nation proud. These charges do not represent the conduct of most service members who wear the Australian uniform with integrity, excellence, and democratic principles,” she concluded.
The Office of the Special Investigator was created to collaborate with police on war crime investigations. Investigation director Ross Barnett reported that 53 potential war crimes have been examined, with 39 investigations completed without resulting in charges. Approximately 40,000 Australian service members were deployed to Afghanistan from 2001 through 2021, with 41 losing their lives during the conflict.
