Win for Press Freedom as Australian Court Supports Reporting Military Atrocities in Afghanistan

Australia Court Backs Media Reporting on Soldier Killings in Afghanistan

Background

In a major victory for press freedom and public interest journalism, an Australian court has ruled in favor of three newspapers in a defamation suit brought by former Australian Special Forces soldier Ben Roberts-Smith. The case revolved around the alleged coverage of murders of civilians during the armed conflict in Afghanistan. The court held that the media outlets had “established substantial or contextual truth of allegations of murders of unarmed civilians in Afghanistan” by Roberts-Smith, who had sued the newspapers for defamation over the coverage of the killings.

Philosophical Considerations

This ruling has far-reaching implications for press freedom and accountability of governments in war zones. The media outlets defended their reporting, asserting that it was true, and the court agreed. While not a criminal trial, it is the first time a civilian court in Australia has assessed allegations of war crimes committed by an Australian soldier. This sets an important legal precedent in holding soldiers and their governments accountable for alleged military atrocities.

Editorial

The verdict puts Australian war crimes investigations back into the spotlight and underscores the importance of public interest journalism in uncovering and highlighting such crimes. During the trial, former SAS soldiers testified to witnessing summary executions of civilians and being bullied into proving themselves by carrying out killings themselves. The court found Roberts-Smith guilty of kicking an unarmed Afghan civilian off a cliff and procuring other soldiers to shoot him, pressuring a newly deployed soldier to execute an older Afghan man, and machine-gunning a civilian with a prosthetic leg. The Australian Office of the Special Investigator is currently investigating more than 40 incidents relating to alleged war crimes committed by Australian Special Forces in Afghanistan from 2005 to 2016.

Advice

Under international humanitarian law, the Australian government is obligated to investigate alleged war crimes by its forces and prosecute those responsible. However, criminal trials have yet to start and will likely take years. The families of victims who have waited more than a decade deserve prompt and adequate payments or compensation as recommended by the Brereton Report. The Department of Defense has said it is looking into the recommendations and how to address the issue of compensation, but they have not publicly indicated what progress has been made. It’s essential to prioritize compensating the victims and their families promptly and appropriately, not only because it is legally required but also because it is the right thing to do.