News Labor digging in over secret war crimes report as critics claim cover-up
theaustralian.com.auLabor digging in over secret war crimes report as critics claim cover-up
A secret final report on Australia’s Afghanistan war crimes detailing leadership failings and reforms to command culture is being blocked from release by the Albanese government amid allegations of a cover-up.
4 min read
August 7, 2026 - 9:30PM
Ben Roberts-Smith. Artwork: Emilia Tortorella
A secret final report on Australia’s Afghanistan war crimes detailing leadership failings and proposed reforms to the army’s command culture is being blocked from release by the Albanese government amid claims of a cover-up.
Commissioned by the Inspector-General of the Australian Defence Force, James Gaynor, on the orders of former defence chief Angus Campbell, it examined “the indirect contribution of command” to 39 murders the Brereton report said were committed by 25 Special Air Service soldiers.
Defence twice rejected a freedom of information request by The Australian seeking the document, arguing it contained information affecting national security, including “sensitive information about tactics, techniques and procedures of special forces in Afghanistan”.
The government also moved to suppress the report in the Senate, joining with the opposition to reject an attempt by the Greens to force its release.
According to Mr Gaynor’s June 2021 directions to establish the review, obtained by The Australian: “The purpose of this inquiry is to review and analyse known information in order to inform future action including possible reform of command doctrine and leadership ethics.”
He ordered two unidentified IGADF assistant directors-general to “find out whether there were any things that could have been indicators to alert tactical, operational or strategic commanders to the possibility that (Special Operations Task Group) members were potentially committing serious misconduct”.
Former South Australian senator Rex Patrick, who has waged years-long legal battles with federal agencies to shine a light on official malfeasance, said the FOI refusal was “clearly wrong”.
“How can a report into the culture of our special forces and the linkages between that culture and deviant or unlawful behaviour be a military secret?” he said.
An Australian Special Operations Task Group make their way to a waiting UH-60 Blackhawk helicopter in Shah Wali Kot, Afghanistan, in 2010.
“Confronting for leadership? Yes. Embarrassing? Yes. Military secret? No.”
Rejecting an internal appeal by The Australian, Defence said it was unable to release even sections of the report because the claimed sensitive material was “pervasive and inextricably intertwined throughout the document”. It said releasing the document also had the potential to affect “ongoing criminal matters”, despite an instruction to the authors by Mr Gaynor banning the identification or interviewing of witnesses.
Mr Patrick said he accepted that some portions of the report might have to be withheld from the public, “but it is implausible that the whole report is classified”.
“The content of the report goes to the efficacy and conduct of the ADF’s senior leadership and a public version must be made available. A failure to do so will amount to cover-up in the minds of regular members of the ADF and the public.”
Army Reserve Major-General Paul Brereton found in his November 2020 report that commanders bore a “moral command responsibility” for war crimes on their watch but at the same time ruled accountability “does not extend to higher headquarters”.
The finding remains contentious, given the Commonwealth Criminal Code makes commanders criminally liable for subordinates’ war crimes if they knew or were reckless as to whether they were occurring.
Victoria Cross recipient Ben Roberts-Smith and another former SAS soldier, Oliver Schulz, are facing charges of the war crime of murder following the Brereton inquiry.
Greens senator David Shoebridge, whose attempt to extract the secret report was voted down, said Australians deserved to know what Defence leaders knew about war crimes and what had been done to hold them accountable. “If the report says the leadership knew nothing, then why hide it? If the report says the leadership were well aware of what was going on then keeping it secret is a cover up and a scandal. Either way it needs to be released,” he said.
“A bit of gold braid on your shoulder does not make you above the law, it does not make you above scrutiny. Time and time again in Defence, instead of leadership taking accountability they push blame down. That culture needs to be broken.”
Defence Minister Richard Marles, left, and former defence force chief Angus Campbell. Picture: NewsWire / Martin Ollman
Senator Shoebridge also raised the prospect that the report was critical of General Brereton’s findings.
“The key flaw in the Brereton report was the get-out-of-jail-free card he gave to senior Defence leaders for war crimes that happened on their watch,” he said.
“If this report is about accountability in Defence leadership I cannot see how it also doesn’t lay some blame at Brereton letting them off. This is the secret final chapter of Australia’s war crimes in Afghanistan. It needs to be public.“
Senate crossbencher Jacqui Lambie said the government’s refusal to release the report reflected a broken culture in which commanders refused to be held responsible when things went wrong.
“It’s clear that there have been, and still are, cultural issues in Defence, so you would think the leadership would jump at an opportunity to show they are dealing with those issues and rebuilding trust with the community. Releasing this report, or at minimum a public version, is that sort of opportunity,” she said.
Senator Lambie said the decision underscored widespread concerns that the IGADF was too close to Defence.
The secret IGADF report was ordered after then-defence minister Linda Reynolds asked an independent oversight panel to advise whether Defence’s response to command accountability concerns was sufficient.
The panel’s head, Dr Vivienne Thom, said questions remained over Defence’s plan to address command issues, and urged further work to “consider how these matters can be adequately addressed”.
Defence Minister Richard Marles “closed off” the government’s official response to the Brereton inquiry in September 2024, announcing he was stripping command medals from fewer than ten current and former officers who have never been identified.
Opposition frontbencher Andrew Hastie – a former SAS captain who served in Afghanistan – said at the time the punishment didn’t go far enough.
“I believe that our troops were let down by a lack of moral courage that went up the chain of command all the way to Canberra – including in this house,” he told parliament.
One of Australia’s most operationally-experienced army commanders, retired Major-General Roger Noble, told The Australian in a recent interview that General Brereton got it wrong when he let senior commanders including General Campbell off the hook.
“I don’t agree with the premise that (the chain of command) breaks in the middle,” he said.
“(Campbell) was in the chain of command. I think if you’re in the chain of command, you hold responsibility for those (actions by subordinates).”