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A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the command structure who orders any attempt to committing mass killings including genocide or ethnic cleansing, the granting of no quarter despite surrender, the conscription of children in the military and flouting the legal distinctions of proportionality and military necessity.
Universal jurisdiction is a legal principle that allows states or international organizations to prosecute individuals for serious crimes, such as genocide, war crimes, and crimes against humanity, regardless of where the crime was committed and irrespective of the accused's nationality or residence. Rooted in the belief that certain offenses are so heinous that they threaten the international community as a whole, universal jurisdiction holds that such acts are beyond the scope of any single nation's laws. Instead, these crimes are considered to violate norms owed to the global community and fundamental principles of international law, making them prosecutable in any court that invokes this principle.
The Special Air Service Regiment, officially abbreviated SASR though commonly known as the SAS, is a special forces unit of the Australian Army. Formed in 1957 as a company, it was modelled on the British SAS with which it shares the motto, "Who Dares Wins". Expanded to a regiment in August 1964, it is based at Campbell Barracks, in Swanbourne, a suburb of Perth, Western Australia, and is a direct command unit of the Special Operations Command.
The Australian contribution to the war in Afghanistan has been known as Operation Slipper (2001–2014) and Operation Highroad (2015–2021).
A free-fire zone is an area in which any person present is deemed an enemy combatant who can be targeted by opposing military forces. The concept of a free-fire zone does not exist in international law, and failing to distinguish between combatants and civilians is a war crime.
The "Winter Soldier Investigation" was a media event sponsored by the Vietnam Veterans Against the War (VVAW) from January 31, 1971, to February 2, 1971. It was intended to publicize war crimes and atrocities by the United States Armed Forces and their allies in the Vietnam War. The VVAW challenged the morality and conduct of the war by showing the direct relationship between military policies and war crimes in Vietnam. The three-day gathering of 109 veterans and 16 civilians took place in Detroit, Michigan. Discharged servicemen from each branch of the armed forces, as well as civilian contractors, medical personnel and academics, all gave testimony about war crimes they had committed or witnessed during the years 1963–1970.
In the practice of international law, command responsibility is the legal doctrine of hierarchical accountability for war crimes, whereby a commanding officer (military) and a superior officer (civil) is legally responsible for the war crimes and the crimes against humanity committed by his subordinates; thus, a commanding officer always is accountable for the acts of commission and the acts of omission of his soldiers.
Human rights in Afghanistan under the Taliban regime are severely restricted and considered among the worst in the world. Women's rights and freedom are severely restricted, as they are banned from most public spaces and employment. Afghanistan is the only country in the world to ban education for women over the age of eleven. Taliban's policies towards women are usually termed as gender apartheid. Minority groups such as Hazaras face persecution and eviction from their lands. Authorities have used physical violence, raids, arbitrary arrests and detention, torture, enforced disappearances of activists and political opponents.
Events from the year 2007 in Afghanistan.
The Victoria Cross for Australia is the highest award in the Australian honours system, superseding the British Victoria Cross for issue to Australians. The Victoria Cross for Australia is the "decoration for according recognition to persons who in the presence of the enemy, perform acts of the most conspicuous gallantry, or daring or pre-eminent acts of valour or self-sacrifice or display extreme devotion to duty".
The International Criminal Court's founding treaty, the Rome Statute, provides that individuals or organizations may submit information on crimes within the jurisdiction of the Court. These submissions are referred to as "communications to the International Criminal Court".
The United States Armed Forces and its members have violated the law of war after the signing of the Hague Conventions of 1899 and 1907 and the signing of the Geneva Conventions. The United States prosecutes offenders through the War Crimes Act of 1996 as well as through articles in the Uniform Code of Military Justice. The United States signed the 1999 Rome Statute but it never ratified the treaty, taking the position that the International Criminal Court (ICC) lacks fundamental checks and balances. The American Service-Members' Protection Act of 2002 further limited US involvement with the ICC. The ICC reserves the right of states to prosecute war crimes, and the ICC can only proceed with prosecution of crimes when states do not have willingness or effective and reliable processes to investigate for themselves. The United States says that it has investigated many of the accusations alleged by the ICC prosecutors as having occurred in Afghanistan, and thus does not accept ICC jurisdiction over its nationals.
Benjamin Roberts-Smith is an Australian former soldier who, in a civil defamation trial in 2023 he initiated in the Federal Court of Australia, was found to have committed war crimes in Afghanistan during 2009, 2010 and 2012. An appeal to a Full Court of the Federal Court, comprising three judges, commenced on 5 February 2024.
Events from the year 2012 in Afghanistan.
The reception of individuals guilty of violations of international criminal law after a conflict differs greatly, ranging from bringing them to justice in war crimes trials to ignoring their crimes or even glorifying them as heroes. Such issues have led to controversies in many countries, including Australia, the United States, Germany, the Baltic states, Japan, and the former Yugoslavia.
The Inspector-General of the Australian Defence Force Afghanistan Inquiry Report, commonly known as the Brereton Report, is a report into war crimes allegedly committed by the Australian Defence Force (ADF) during the War in Afghanistan between 2005 and 2016. The investigation was led by Paul Brereton, who is both a New South Wales Supreme Court judge and a major general in the army reserve. The independent commission was initiated by the Inspector-General of the Australian Defence Force in 2016, and after a long investigation, delivered its final report on 6 November 2020. The redacted version was released publicly on 19 November 2020.
War crimes in Afghanistan covers the period of conflict from 1979 to the present. Starting with the Soviet invasion of Afghanistan in 1979, 40 years of civil war in various forms has wracked Afghanistan. War crimes have been committed by all sides.
Since the beginning of the Russian invasion of Ukraine in 2022, the Russian military and authorities have committed war crimes, such as deliberate attacks against civilian targets, including on hospitals, medical facilities and on the energy grid; indiscriminate attacks on densely-populated areas; the abduction, torture and murder of civilians; forced deportations; sexual violence; destruction of cultural heritage; and the killing and torture of Ukrainian prisoners of war.
Dad Mohammad was an Afghan father-of-two who was shot and killed by Australian soldiers during the war in Afghanistan. Mohammad, who was unarmed, was accosted by a patrol looking for an insurgent bombmaker and mauled by the patrol's dog. The soldiers then forced Mohammad to lie flat on the ground, at which point one of the soldiers, identified as "Soldier C", shot him three times in the head.
References
- ↑ "Australian SAS veteran charged with war crime in historic first". ABC News. 2023-03-20. Retrieved 2024-12-20.
- ↑ "Vietnam: Slaughter of the innocents". dailytelegraph. Archived from the original on 2024-05-03. Retrieved 2024-12-20.
- ↑ "Australian 'war crimes': Elite troops killed Afghan civilians, report finds". 2020-11-19. Retrieved 2024-12-20.
- ↑ "Howard is war criminal, says former colleague". The Sydney Morning Herald. 2004-07-19. Retrieved 2024-12-20.