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Ten Australian soldiers fired after release of war crimes report

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(Last Updated On: November 26, 2020)

Australia has issued termination notices to at least 10 special forces soldiers after the release of a report last week that found credible evidence of unlawful killings of 39 unarmed Afghan prisoners and civilians, Australian Broadcasting Corporation (ABC) said on Thursday.

The report stated that 19 Australian soldiers were involved in the killings however, none were identified byt have been referred for possible prosecution.

However, ABC reported that 10 soldiers have been formally advised that they will be dismissed.

This comes after reports emerged late Wednesday that families of the victims have called for the alleged perpetrators to be tried in Afghanistan.

Some have also welcomed the possibility of compensation for the deaths of their family members.

“I need justice and also expect compensation for the loss and pain they have caused us,” Abdul Latif from Sarkhume village in Uruzgan province told ABC.

“If justice is done according to our Islamic law – because these crimes were committed in Afghanistan – these soldiers should be prosecuted according to Islamic law. If it is according to [Australian] law, they must imprison them for life,” said Abdul Latif, whose father Haji Sardar was found dead after a special forces raid. “We want both justice and compensation.”

The report meanwhile recommended that where there was “credible information” that an Afghan had been unlawfully killed, Australia should compensate the family before waiting for criminal liability to be established.

“This will be an important step in rehabilitating Australia’s international reputation, in particular with Afghanistan, and it is simply the right thing to do,” the report said.

But Australian legal experts say it is very unlikely any trials can be held outside Australia.

“The only way in which an Afghanistan prosecution could take place is if Australia waived the immunity, which is most unlikely,” Donald Rothwell, professor of international law at ANU told ABC.

“That would then also raise legal issues with respect to extradition.”

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