“Senator Jacqui Lambie’s Bold Move: Referring ADF Commanders to The Hague for Accountability”

Jacqui Lambie Refers ADF Commanders to International Criminal Court, Citing Lack of Accountability

The Background

Tasmanian independent Senator Jacqui Lambie has made a bold move by unilaterally referring unnamed Australian Defence Force (ADF) commanders to the International Criminal Court (ICC) in The Hague. This action follows what she perceives as an unsatisfactory outcome from the Morrison government’s 2020 Brereton Inquiry into alleged war crimes committed by Australian soldiers in Afghanistan.

Lack of Accountability

Senator Lambie has expressed her frustration with the lack of accountability at the highest levels of the ADF. She points to the fact that senior commanders have not faced the same level of scrutiny as the soldiers involved, referring to a “shocking lack of accountability” by ADF leadership. In her view, the senior commanders have received a “free pass,” while the soldiers have been “thrown under the bus.”

Referral to the ICC

Senator Lambie’s decision to refer these commanders to the ICC is a significant step. The ICC accepts information on alleged or potential crimes through Article 15, which allows any individual, group, or organization to submit such information to the Office of the Prosecutor. By taking this action, Senator Lambie hopes to bring attention to what she sees as a failure to investigate the command responsibility aspects of the Afghanistan allegations.

The Law of Command Responsibility

Senator Lambie highlights the law of command responsibility as a method of criminal liability when commanders fail in their duty. She emphasizes that the International Criminal Court is a court of last resort and acknowledges the challenge of getting them to investigate. Dr. Glenn Kolomeitz, a veteran and lawyer, played a significant role in this process, working alongside Senator Lambie and contributing to the effort.

Possible Commanders Referred

While Senator Lambie did not disclose the names of the commanders she referred to the ICC, it is likely that the current Chief of Defence Force, General Angus Campbell, is among them. General Campbell, who was the commander of Joint Task Force 633 – the ADF’s headquarters of the Middle East Area of Operations in 2011 and 2012 – could potentially face scrutiny in the investigation. However, it is still unclear whether specific names are required for the ICC to commence an investigation.

Response and Expectations

Dr. Kolomeitz, speaking on behalf of the referral, noted that the matter is now in the hands of the prosecutor. He explained that one of the prosecutor’s policies is to refer it back to the state party, which in this case is Australia, for consideration of further action. This puts the onus on the Australian Government to seriously consider why command responsibility aspects of the Afghanistan allegations have not been investigated and what steps they will take moving forward.

Editorial and Commentary

A Crisis of Accountability

The decision by Senator Jacqui Lambie to refer unnamed ADF commanders to the ICC is a powerful statement about the perceived crisis of accountability within the Australian military. It is an extraordinary step taken by a single senator to ensure that those in positions of leadership are held responsible for their actions, or lack thereof.

The Brereton Inquiry’s Insufficiency

The Brereton Inquiry, established by the Morrison government, was meant to uncover the truth about alleged war crimes committed by Australian soldiers in Afghanistan. While it shed light on the actions of individual soldiers, it failed to address the role of senior commanders in those incidents. Senator Lambie rightfully questions the effectiveness and thoroughness of the investigation, urging for a more rigorous examination of the command responsibility aspects.

The Urgent Need for Accountability

The lack of accountability within the ADF, especially at the senior command level, is deeply concerning. Senator Lambie’s actions serve as a stark reminder that those in power should not evade responsibility for their actions or negligent oversight. The allegations of war crimes and the subsequent cover-up demand a comprehensive and transparent investigation to restore public trust in the military and its leadership.

The Role of International Criminal Law

The referral to the ICC raises important questions about the effectiveness of domestic mechanisms in ensuring justice and accountability. With the ICC known as a court of last resort, it becomes imperative for the Australian government to address the command responsibility aspects of the Afghanistan allegations promptly and thoroughly. This is not only to avoid further damage to the reputation of the ADF but to demonstrate a commitment to upholding international legal standards.

Advice

A Call for Transparency

The Australian government must respond to Senator Lambie’s referral by prioritizing transparency and accountability. It is crucial that the government provides a clear explanation as to why the command responsibility aspects have not been adequately investigated. This explanation should be made in a public and comprehensive manner to alleviate concerns and restore faith in the ADF’s leadership.

Independent Investigation

Given the gravity of the allegations and the doubts surrounding the Brereton Inquiry, an independent investigation into the command responsibility aspects is warranted. This investigation should have the necessary resources and scope to thoroughly examine the actions of senior commanders. Only through such an investigation can the ADF restore its credibility and ensure justice is served.

A Review of Military Culture

Senator Lambie’s actions highlight a need for a broader examination of the military culture within the ADF. The allegations of war crimes and subsequent cover-up indicate systemic issues that must be addressed. The government should take this opportunity to initiate a thorough review of the military’s culture, values, and accountability mechanisms to ensure such atrocities do not occur again in the future.

Conclusion

Senator Jacqui Lambie’s decision to refer unnamed ADF commanders to the ICC is a significant step towards demanding accountability for alleged war crimes committed in Afghanistan. It shines a light on the lack of scrutiny given to senior commanders and raises vital questions about the adequacy of domestic investigations. The Australian government must respond with utmost transparency and take meaningful action to address the command responsibility aspects. By doing so, they can begin the process of rebuilding public trust in the ADF and ensuring justice is served.