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Australian soldiers threatened with dismissal after Afghanistan war crimes report

The Department of Defence has initiated a process that could kick out serving Australian defence force personnel who were the subject of adverse findings in the damning Brereton report last week.

The Guardian understands that a series of “show cause” notices were issued to serving ADF personnel on Monday, the beginning of an administrative punishment process that can result in anything from formal warnings to discharge. The ABC has reported that the notices were sent to 10 serving Special Air Service regiment soldiers.

The Brereton inquiry had recommended such action for serving ADF members where there was “credible information of misconduct which either does not meet the threshold for referral for criminal investigation, or is insufficiently grave for referral, but should have some consequences for the member”.

Those served with notices have been given just two weeks to plead their cases, though they can apply for more time to respond.

The administrative action is taking place before the beginning of any criminal investigation, which will be conducted by a new special investigator’s office.

Defence confirmed to the Guardian it had “initiated administrative action against a number of serving Australian defence force personnel in accordance with legislation and defence policy”.

“As the chief of the defence force said publicly last week, findings by the IGADF Afghanistan inquiry of alleged negligence by individuals in the performance of their duties have been accepted by the CDF, and allegations will be managed through the ADF’s administrative and disciplinary processes,” a spokesman said.

“Each matter and individual circumstance will be considered on a case-by-case basis. It is essential that due process is followed, and that no further comment be made until the process is complete.”

Defence would not discuss individual cases or names, saying it was bound by privacy laws.

Army Reserve Maj Gen Justice Paul Brereton’s report last week identified a total of 25 perpetrators, either as principals or accessories in the alleged murder of Afghan civilians.

Some of the alleged perpetrators were still serving in the ADF, Brereton said.

Administrative action allows the ADF an alternative way of punishing its members, outside of the Defence Force Discipline Act, which prosecutes individuals for disciplinary offences within the military justice system.

It can result in anything from formal warnings, termination of service, reduction in rank, removal from appointment, denial of promotion, or a loss of security clearance.

Brereton had cautioned in his report that any such action would “require further procedural fairness”.

Problems with administrative action were identified during a parliamentary inquiry in the late 1990s, which found administrative action policy was unclear, lacked detail and was applied inconsistently across the three services.

The fallout from the Brereton report continued this week, prompting some to call for the disbandment of the SAS, and others to warn that the majority of special forces soldiers were being treated unfairly due to the actions of a small group. Many ex and serving special forces soldiers are furious at a perceived lack of sanctions for those higher up the chain of command.

Brereton’s report, which described the special forces’ alleged actions as “disgraceful and a profound betrayal”, found 39 Afghans were unlawfully killed in 23 incidents, either by special forces or at the instruction of special forces.

None of the alleged killings took place in the heat of battle, and they all occurred in circumstances which, if accepted by a jury, would constitute the war crime of murder.

All the alleged victims were either non-combatants or were no longer combatants.