While costs of about $25m and possibly millions in damages are at stake, the trial also has existential implications for Australian journalism
, with the very real potential that criminal charges could be laid against multiple Australian soldiers arising from their actions in Afghanistan.
None of the killings could be attributed to the “fog of war”, Brereton found, describing the actions as a “A nation’s preparedness to investigate war crimes by its own is a mark of a mature civilisationIn a paper written for the James Cook University Law Review in 2021, Brereton argued the imperative for nations to fully investigate – and if necessary prosecute – war crimes committed by their citizens.
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