Opinion | Why the International Criminal Court is unlikely to prosecute alleged Australian war crimes in Afghanistan
- In March, the first charge was brought against former Australian soldier, Oliver Schulz. He was accused of the war crime of murder under the Commonwealth Criminal Code
- The referral to the ICC may not lead to any formal action, but it does shine a spotlight on how Australia is responding to the claims of war crimes
For the first time, Australians have been referred to the International Criminal Court (ICC) for investigation into alleged Afghan war crimes.
That Senator Jacqui Lambie has instigated this process is even more extraordinary as it’s the first time any Australian MP has taken that step.
Lambie’s ICC referral focuses on the legal responsibility of Australian Defence Force (ADF) commanders who knew, or should have known, about alleged war crimes committed by their forces in Afghanistan.
This move by Lambie may not lead to any formal action by the ICC, but it does shine a spotlight on how Australia is responding to these claims.
Why the ICC is unlikely to act
The court will no doubt acknowledge receipt of Lambie’s referral, but it is doubtful whether it would commence an active investigation given the ongoing work of the Office of the Special Investigator established in 2021, with Mark Weinberg as the lead investigator.