The prosecution of David McBride for exposing Australian war crime allegations is an outrageous injustice | Kieran Pender and Kobra Moradi

The attorney general must discontinue the case against the former military lawyer and fix federal whistleblowing law

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After more than a decade of secrecy and silence surrounding the conduct of Australian forces in Afghanistan, in November 2020 the Brereton report shone a damning spotlight on allegations of horrific war crimes. Credible evidence pointed to Australian forces unlawfully killing 39 Afghan non-combatants, including innocent civilians. In exhaustive and sometimes redacted detail, the inquiry chronicled incident after incident of unthinkable wrongdoing – including one described as “possibly the most disgraceful episode in Australia’s military history”.

It took more than a decade for these alleged war crimes to come to light due to a pervasive culture of silence and cover-ups, including falsified reports and the planting of weapons on dead bodies. Operational reporting was “routinely embellished, and sometimes outright fabricated”, Brereton found.

Kieran Pender is a senior lawyer at the Human Rights Law Centre. Kobra Moradi is a lawyer at the Australian Centre for International Justice, which has published information about Australia’s alleged war crimes in Afghanistan in Pashto, Dari and English

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Law (Australia) | The Guardian