On the 16th November The Shovel published this article in response to David McBride pleading guilty as crucial evidence was ruled to be too sensitive to the Security of the Nation to be presented in court.
Blowing the whistle in Australia about war crimes is more likely to see you face a prison sentence than if you actually just did the war crimes yourself, ex solider David McBride is discovering.
McBride was the first person in Australia to be charged in relation to war crimes in Afghanistan. However, in a minor detail that seems to have gone unnoticed by the Australian Government, he was the guy actually revealing the war crimes, rather than doing them.
Criminal expert Samantha Richelli said there may have been some confusion within the Albanese Government. “Forgive me for getting a little technical here, but traditionally in a war crimes hearing the person who is on trial has done some war criming. The person who reveals the war crimes is on the other side. I’m sure it’s just an embarrassing mix up which they’ll realise any day now”.
Defence barrister Phillipa Lee said she always advised her clients against revealing war crimes. “If you’re into that type of thing it’s a much safer option to just do them. At least in Australia,” she said.
Refer original article in The Shovel
And further articles :
Pearls and Irritations
Who do you serve? The non-trial of David McBride
Crown successfully overturns Nuremberg war crimes principles in Australian court
ABC
As whistleblower David McBride pleads guilty, pressure is building on the Albanese government
9 News
War crime whistleblower David McBride pleads guilty to leaking classified information
9 News summarises
Originally facing five charges, the former military lawyer pleaded guilty to three offences, including stealing Commonwealth information and passing that on to journalists.
The classified documents led to a series of reports alleging Australian special forces troops committed war crimes in Afghanistan.A later inquiry uncovered credible information of 23 incidents of potential war crimes, which involved the killing of 39 Afghans and cruel treatment of two more between 2005 and 2016.The report found 25 soldiers were perpetrators or accessories – some on a single occasion and some on multiple.
Editors Note: The 9 News summary overlooks the glacial progress as the Brereton Report was made public in 2020 and refers to issues now up to 14 years old.
Editors Note: Hiding war crimes is a War Crime. David McBride has faced a dilemma of following international law ( to which Australia is a signatory ) or following Australian Law as charged and becoming an active participant in Australian War Crimes in Afghanistan. We believe international Law prevails
Editors Note: This issue of frustrating War Crimes investigations is not limited to Australia but may be a common occurrence with all the perpetrators of the War on Terror for example the report in the BBC Afghanistan inquiry hears senior officers hid SAS killings as recently as the 11th October 2023.