Tasmanian senator Jacqui Lambie has referred senior leaders of the Australian Defence Force to the International Criminal Court over alleged war crimes committed in Afghanistan.
In an emotional speech, Senator Lambie – a former ADF member – said leadership had not been held to account for their actions.
“The government is no doubt hoping this will all just go away,” she told the Senate on Tuesday.
“They’re hoping that Australians will forget that when alleged war crimes in Afghanistan were investigated, our senior commanders got a free pass while our diggers were thrown under the bus.
“Well, we don’t forget. I won’t forget. Lest we forget.
“There is a culture of cover-up at the highest levels of the Australian Defence Force. It is the ultimate boys’ club.”
An Office of the Special Investigator has been set up to address potential criminal matters raised in the Inspector-General of the ADF’s Afghanistan inquiry report, which looked at alleged war crimes committed between 2005 and 2016.
Senator Lambie said the referral to The Hague asked the criminal court to examine the country’s high commanders “through the lens of command responsibility”.
She said the referral was a method of last resort.
“Quite frankly, I feel embarrassed that Australia is in this situation, so I am helping the government today,” Senator Lambie said.
“I am giving you a second chance to get this right and fix this mess.
“High command needs to be held responsible.”
She sought to table the referral to The Hague in parliament, but the government, opposition and the Greens said they wanted to view the documents before a decision was made.
Labor senator Anthony Chisholm said he hoped the situation could be resolved quickly.
“We too understand the passion and importance that Senator Lambie places on these matters and we understand that they’re important to her and many people across the country,” he said.
“We do, however, follow a normal protocol where we get the chance to peruse these documents before we make a decision.”
Lawyer and veteran Glenn Kolomeitz, who was among those who signed the referral, said the document did not go into specific allegations but invited ICC prosecutors to examine the issue.
“If Australia does nothing about it, the ICC can potentially assume jurisdiction over the higher command and excise the higher command investigation from the ongoing investigation of junior soldiers,” he said.
Senator Lambie said she would meet with Defence Minister Richard Marles over the referral.
“When you have the power that those military commanders do and throw their diggers under the bus and you walk away and you say you have nothing to do with this … it’s one-in, all-in,” she said.
By Andrew Brown in Canberra
