Photo: Australian Defence Force

Family of Afghan Men Killed by Australian Soldiers Seek Justice

The family of an Afghan man killed by the Australian forces in Afghanistan is preparing to travel to Australia in their quest for justice.

Mohammad Essa and Ahmadullah, father, and son, were killed in 2009 in Whiskey 108, an Australian military camp in the southern province of Urozgan. Ben Robert-Smith, a decorated veteran is accused of killing one of them and ordering the shooting of another. Smith, 44, is a former Special Air Service (SAS) officer who served six tours of duty in Afghanistan between 2006 and 2012.

According to a SBS report, following the deaths of the men, another soldier brought Ahmadullah’s prosthetic leg back to their base in Tarin Kowt. It was subsequently framed and displayed in the squad’s bar. The Guardian released several photos of Australian soldiers drinking alcohol from a prosthetic limb. Roberts-Smith appears smiling near the leg in some of the images, despite denying ever drinking from it.

The family of the Afghan man whose prosthetic leg was used by Australian soldiers to drink alcohol described the act as “heartbreaking.” They spoke of their intention to travel to Australia to pursue justice in the country’s judicial system. “They have oppressed us very severely. They haven’t done such injustice to anyone else as they have to us,” his relative was quoted in the report.

Another major allegation against Roberts-Smith involved an incident in the village of Darwan in Afghanistan in 2012. The court found that Roberts-Smith had forced a handcuffed Afghan man named Ali Jan to stand on the edge of a 10-meter cliff. Ali Jan was then kicked off the cliff by Roberts-Smith and fell into the dry riverbed below. Though severely injured, Ali Jan survived the fall. He was then carried to a nearby cornfield by Australian soldiers and killed by a subordinate soldier at Roberts-Smith’s direction.

According to the Australian court, Roberts-Smith “murdered unarmed and defenseless Afghan civilians”, and “broke the moral and legal rules of military engagement and is therefore a criminal.” 

The Australian veteran has refused to apologize for his actions thus far. Speaking to the media in June, Roberts Smith said that he is innocent and will consider making an appeal against the court’s verdict.   “I’m devastated, It’s a terrible outcome and it’s the incorrect outcome. We haven’t done anything wrong, so we won’t be making any apologies,” he said. Roberts-Smith gave evidence to the court about the mission, arguing that d that in trying to save his life, another Australian soldier, unknown to him, had shot the disabled man who was carrying a weapon. The judge rejected them all as dishonest.

Earlier in June, the former elite soldier lost a defamation lawsuit against Australian media outlets that had accused him of committing war crimes in Afghanistan. A judge found the allegations to be “substantially true.”

In 2011, Roberts-Smith became a national hero when he was awarded the Victoria Cross, Australia’s highest award recognizing gallantry in the presence of an enemy. He met Queen Elizabeth II several times as a distinguished Australian.

Over the course of Australia’s 20-year involvement in Afghanistan, more than 39,000 military personnel served in the country. During this time, 41 Australian soldiers lost their lives in service.

In response to mounting allegations of war crimes committed by Australian Special Forces soldiers during the conflict in Afghanistan, the Australian Ministry of Defense has established a special commission to conduct a thorough investigation. This decision comes three years after the Brereton investigation, which identified 19 Australian Special Forces personnel who could potentially face charges for their involvement in unlawful activities during the past two decades in Afghanistan.