New federal funding deepens a years-long investigation into alleged unlawful killings by Australian special forces and signals that prosecutions will continue despite political and legal resistance.
Australia’s federal government has committed another 43.8 million Australian dollars to investigations into alleged war crimes committed by Australian forces in
Afghanistan, reinforcing one of the country’s most consequential and politically divisive military accountability efforts in decades.
The funding will strengthen the Office of the Special Investigator, the agency established after the 2020 Brereton Report found credible evidence that Australian special forces personnel unlawfully killed Afghan civilians and prisoners during operations between 2005 and 2016.
The investigation has evolved from a military scandal into a major institutional test for Australia’s legal system, armed forces and political leadership.
The central issue is no longer whether serious allegations exist.
The key issue is whether Australia can successfully investigate, prosecute and adjudicate alleged battlefield crimes committed by elite soldiers during a long overseas war.
What is confirmed is that the Office of the Special Investigator, working jointly with the Australian Federal Police, has now opened dozens of investigations linked to alleged breaches of the laws of armed conflict in
Afghanistan.
Authorities say many inquiries have already been closed after investigators determined there was insufficient evidence for prosecution, while multiple cases remain active.
The new funding arrives as investigators intensify work on several high-profile cases.
Former Special Air Service soldier Oliver Schulz became the first Australian service member formally charged with a war crime following the Brereton findings.
He is accused of unlawfully killing an Afghan man during a deployment in Uruzgan Province in 2012.
In April, another former Australian soldier was arrested and charged with multiple counts of war crime murder tied to separate incidents in
Afghanistan between 2009 and 2012. Prosecutors allege the killings involved Afghan civilians or detainees.
The accused has not been convicted and the allegations remain before the courts.
The investigations stem directly from the Brereton inquiry, a four-year military investigation led by Major General Paul Brereton.
The inquiry concluded there was credible information implicating 25 current or former Australian Defence Force personnel in the alleged unlawful killing of 39 Afghan civilians and prisoners.
The report described a culture inside some special forces patrols in which junior soldiers were allegedly pressured to shoot detainees in order to achieve a first battlefield kill, a practice described in testimony as “blooding.” The report also identified allegations involving planted weapons and falsified operational accounts designed to conceal unlawful killings.
Australian military leaders publicly accepted the findings and issued formal apologies to
Afghanistan.
The government subsequently established the Office of the Special Investigator in 2021 to pursue criminal inquiries independently from the Defence Force.
The legal and political stakes are exceptionally high because the cases test whether democratic governments are willing to apply war crimes law to their own elite military personnel.
Australia has long presented itself internationally as a defender of the rules-based order and international humanitarian law.
Failure to pursue credible allegations would have damaged that position significantly.
At the same time, the investigations have generated fierce backlash from parts of the veterans’ community and conservative political circles.
Critics argue the process unfairly targets soldiers who operated under extreme combat conditions during a brutal insurgency.
Supporters of the investigations counter that battlefield pressure does not exempt military personnel from international law and that unlawful killings undermine military professionalism, strategic credibility and public trust.
The issue became even more politically charged through the civil defamation case involving former SAS corporal Ben Roberts-Smith, Australia’s most decorated living soldier.
In 2023, a federal court judge found on the balance of probabilities that Roberts-Smith was involved in unlawful killings in
Afghanistan.
The ruling was made in a civil proceeding rather than a criminal trial, meaning the legal threshold differed from criminal prosecution standards.
Roberts-Smith has denied wrongdoing and continues to contest the allegations.
Separately, investigators recently charged him with multiple war crime murder offences linked to
Afghanistan operations.
Those criminal charges remain before the courts and have not been proven.
The latest budget allocation demonstrates that the Albanese government expects the investigations to continue for years.
War crimes inquiries are among the most legally and operationally complex criminal investigations governments undertake.
Evidence collection in conflict zones is difficult, witnesses are scattered internationally and battlefield records are often incomplete or contested.
Investigators also face diplomatic and logistical obstacles inside Taliban-controlled
Afghanistan.
Since the Taliban regained power in 2021, access to witnesses and crime locations has become significantly more difficult for foreign investigators.
The cost of the investigation has become another point of controversy.
Australia has already spent hundreds of millions of dollars across inquiries, legal proceedings and investigative operations tied to
Afghanistan allegations.
Critics question whether the financial burden is sustainable given the relatively small number of prosecutions so far.
Government officials argue the cost reflects the seriousness of the allegations and the need for legally rigorous investigations capable of surviving judicial scrutiny.
The broader implications extend beyond Australia.
Multiple Western militaries that fought in
Afghanistan, including British and American forces, have faced allegations of unlawful killings and detainee abuse.
Australia’s willingness to pursue criminal investigations against its own special forces is now being watched internationally as a test case for military accountability inside democratic systems.
The investigations are also reshaping the culture of Australia’s Defence Force.
Senior commanders have introduced structural reforms, revised operational oversight systems and expanded training focused on ethics and the laws of armed conflict.
For
Afghanistan’s victims and their families, the process remains painfully slow.
But Australia’s latest funding decision confirms that the government is not winding down the investigations despite political fatigue, institutional pressure and the legal complexity surrounding one of the country’s darkest chapters from the
Afghanistan war.