Stop prosecution of ADF personnel in Force Element Charlie

[1938 Observer]

Re: Stop prosecution of ADF personnel in Force Element Charlie

Leader of Afghan raid faces trial despite postive ruling for unit
Brendan Nicholson, Defence editor From: The Australian May 31, 2011 12:00AM

A SENIOR army officer who planned and led a late-night commando assault in which several Afghan children were killed in February 2009 will soon face a court-martial.


Australian Defence Force chief Angus Houston told a Senate estimates committee hearing yesterday the officer, believed to be a lieutenant colonel, would still be court-martialled.

This was despite the rejection of manslaughter charges faced by two members of his unit who threw hand grenades into the children's home.

At a pre-trial hearing in Sydney two weeks ago, judge advocate Ian Westwood dismissed cases against the two soldiers identified as Sergeant J and Lance Corporal D. That meant their court-martial, set down for July 11, would not go ahead and military prosecutors must decide whether to bring different charges.

Air Chief Marshal Houston said the third soldier would still face a court-martial and the independent director of military prosecutions was now reviewing the cases of the other two soldiers.

"Today I must stress that the ruling of the judge advocate regarding the charges against the two soldiers has no effect on the general court-martial to hear the charges against the third member," he said.

That case was being worked through by the registrar of military justice.

"Formal court-martial proceedings will follow and will include the appointment of the judge advocate, the president and members of the court-martial panel, and the date and location of the trial."

The commandos had been sent to capture or kill a man believed to be a senior insurgent. It is understood that the officer is charged with not following the instructions of the then commander of coalition forces in Afghanistan, US General Stanley McChrystal, on how such missions must be planned and carried out.


General McChrystal had issued a general order to all US and NATO troops warning them that they could not win the war if the high rates of civilian deaths continued.



At the preliminary hearing involving the first two soldiers, Brigadier Westwood agreed with the men's defence team that as soldiers ordered into combat they did not have a "duty of care" to those who were killed.

I wonder if McChrystal issued a "duty of care" warning to the operators of the unmanned drones which have managed to inflict death on a number of civilians???????

http://www.theaustralian.com.au/nati...-1226065971351

[miolchu]

Re: Stop prosecution of ADF personnel in Force Element Charlie

...general order to all US and NATO troops warning them that they could not win the war if the high rates of civilian deaths continued...

That is certainly very general. What does that mean? Perhaps soldiers will have to detain suspected insurgents, drag them out of town after checking their drivers' licenses to ensure they're legitimate Taliban or Al Queda targets, hand them back their guns or suicide vests, give them a 10 second head start before they start shooting.

Things are heading downhill in Afganistan. It sounds to me that the policy makers are making the same mistakes that the policy makers made in the Vietnam era. Soldiers have to watch for threats in front and in the rear at the same time. We are not going to win any war for anyone's hearts and minds. The Afghans will likely continue to maintain their status quo, with outsiders trying to shove an outside agenda on them. I don't get the sense that they are trying to root extremist outsiders out so they can have more autonomy in the international arena.

Meanwhile, the MOD should pull their noses out of General McChrystal's backsides, and protect their soldiers. I hope Australians will raise enough cain to pressure MOD into doing so.

[1938 Observer]

Re: Stop prosecution of ADF personnel in Force Element Charlie

Commonsense has finally prevailed


Soldier's civilian death charges dropped
Updated August 30, 2011 14:50:06

ABC News [Australia]

The Director of Military Prosecutions (DMP) has dropped charges against an Australian Special Forces officer involved in the accidental death of five children in Afghanistan.




On February 12, 2009, members of the Special Operations Task Group conducted a compound clearance in Uruzgan province.

A total of six Afghans died and four sustained injuries during the operation.

The operation was the subject of an investigation which led to the DMP charging three Defence Force personnel with alleged services offences.

The DMP subsequently referred these charges for trial by general courts martial.

In May, charges laid against two other officers had already been dropped.

With the dropping of charges against the third soldier, the Defence Department says the legal processes resulting from the raid have now concluded.

"Defence was committed to ensuring a proper legal process was observed throughout this matter so the individuals charged received a fair trial and that the integrity of the military legal process was preserved," Chief of Defence General David Hurley said.

"The legal processes that were adhered to in relation to this matter were independent of the chain of command.

"The Australian Defence Force has a reputation for being a highly disciplined and professional force.

"In order to maintain this reputation, it is important that all incidents leading to a civilian casualty are investigated thoroughly, comprehensively and transparently."

Defence Minister Stephen Smith has told ABC News 24 that he has requested a comprehensive assessment of the matter from the director.

"These were the first charges for manslaughter literally in the theatre or the fog of war in living memory," Mr Smith said.

http://www.abc.net.au/news/2011-08-3...ropped/2862560