It should be proactive and provide minimum standards of transparency to the public who have a right to be informed about these matters, which can be done, where appropriate, without adverse impact on the investigations themselves. A similar case against News Corp Australia journalist Annika Smethurst was dropped in May. 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Australia needs to establish a specialised investigations unit, whether it’s within the AFP or outside it, that is permanent, well-resourced and skilled. Since the first series of reports were published in 2017 as The Afghan Files by Dan Oakes and Sam Clark, … The inspector-general of the Australian Defence Force (IGADF) is nearing completion of a landmark inquiry into allegations of war crimes against Australian Special Forces in … ABC’s managing director David Anderson welcomed the police decision on Oakes, but added the “matter should never had gone this far”. Use the promo code ATLANTIC2020 and you’ll get 50% off a year of Crikey (usually $199) and a year of digital access to The Atlantic (usually $70). the public broadcaster lost a court challenge against police powers, Australian newspapers black out front pages in protest, ABC raid highlight risks of whistleblowing in Australia. And unlike most Western democracies, Australia does not have a bill of rights or a constitutionally enshrined protection for freedom of speech. The US Trump administration responded angrily to the ICC decision and has threatened retribution against the court, the ICC’s prosecutor and key persons within her office. Media law reform is vital.". ABC raid: Australian public broadcaster loses legal challenge, Why jellyfish could be a 'perfect food' Video, Far-right online: 'I got them back on social media' Video, Far-right online: 'I got them back on social media', Undercover in the schools that chain boys. She is the author of Japan-bashing: Anti-Japanism since the 1980s (2010) and various chapters and articles on war crimes. Australia’s Post-World War II War Crimes Trials _ Between 1945 and 1951, the Australian military conducted 300 trials in eight locations in the Asia-Pacific region – Morotai, Wewak, Labuan, Darwin, Rabaul, Singapore, Hong Kong and Manus Island – pursuant to the War Crimes Act 1945. Contact us on: [email protected] or call the hotline: +61 (03) 8623 9900. Police had outlined three potential criminal charges. The coverage by Dan Oakes for the Australian Broadcasting Corporation (ABC) in 2017 was based on leaks from government whistleblowers. Earlier this year, the appeals chamber of the ICC overturned a controversial decision by a lower chamber in 2019, and allowed the prosecutor to open an investigation into allegations of war crimes and crimes against humanity in Afghanistan. Rawan Arraf is the principal lawyer and director of the Australian Centre for International Justice. US National Security Adviser Robert O’Brien reveals details about the pace and scope of the troop withdrawal. The Republican and the Democratic campaigns accuse each other of trying to dodge tough questions. That role first lies with the Australian Federal Police (AFP). "It's 763 days since Dan was told he was a 'suspect'," said John Lyons, the ABC's head of investigative journalism. Comments are switched off on this article. Video, Arctic Circle teens call for help to save their homes, France teacher attack: Four school students held over beheading, US election 2020: Trump and Biden feud over debate topics, Mysterious 'Robin Hood' hackers donating stolen money, Coronavirus: Germany improves ventilation to chase away Covid, Coronavirus: New Covid-19 cases rising rapidly across US, Covid-19: First UK airport coronavirus testing begins, New name for a Canadian town called Asbestos, Covid: Noon deadline approaches for Manchester coronavirus deal, Nasa's Osiris-Rex probe aims for daring 'high five' with asteroid Bennu. It is investigating more than 55 separate incidents by special forces. The war in Afghanistan has been devastating to the Afghan people with enormous loss and suffering and Afghan civilians continue to bear the brunt of the violence. Read about our approach to external linking. The index noted that "draconian legislation" in Australia had impinged on investigative journalism in recent years. In 2019 the Australian government emphasised the importance of national investigations and prosecutions, but Australia must show more action to give effect to these statements and should set up a permanent mechanism for the criminal investigation of international crimes. To connect a sign in method the email must match the one on your Crikey account. Last year Australia dropped two spots on the World Press Freedom Index, to rank 21st out of 177 countries. It is encouraging that that the AFP travelled to Afghanistan last year to interview witnesses into a number of incidents under investigation. The ABC welcomed the police decision on Thursday, but called for law changes. Just fill out the fields below and we'll send your friend a link to this article along with a message from you. “That the CDPP [Federal Prosecution Service] has reached the decision that prosecuting our journalists is not in the public interest only compounds what we have argued all along: Journalists in this country should not be prosecuted for doing their jobs and legislation needs to be changed to provide proper protection for journalists and their sources when they are acting in the public interest,” Anderson said in a statement. However, the defence inquiry cannot initiate criminal investigations that lead to charges for prosecutions. This is the first video evidence that has surfaced to support years of rumoured war crimes by Australian special operations forces in Afghanistan. In addition, last month, the AFP sought pre-brief advice from the Commonwealth Director of Public Prosecutions and the advice of senior counsel, meaning we could see ground-breaking war crimes charges against individuals by the end of 2020. These … The government subsequently announced new oversight of criminal probes into journalists, but insisted on the need to crack down on leaks and said reporters could not be considered above the law. With allegations of the commission of war crimes by Australian special forces in Afghanistan now appearing to be large scale, together with the emerging pattern of a policy of cover ups by special forces personnel at the scene of the crimes, Australia must ensure it conducts genuine and effective investigations, and where appropriate, prosecutions into all allegations of crimes.