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US warns war crime allegations could prevent work with Australia’s SAS

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The United States has warned that allegations of war crimes against Australian soldiers in Afghanistan could prevent U.S. forces from working with Australia’s Special Air Service Regiment, Australia’s defense force chief said on Wednesday.

Gen. Angus Campbell told a Senate committee that he received a letter from the U.S. defense attache in Canberra in March 2021 suggesting the elite SAS may have been “tainted” by the allegations of war crimes in Afghanistan raised in an Australian war crime investigation report that was made public in 2000, Associated Press reported.

Campbell said “one individual” had his “posted position adjusted” following the letter.

The letter warned that the Brereton report, which detailed “credible information” that Australian soldiers had unlawfully killed 39 Afghan prisoners and civilians, could trigger a U.S. law that prevents the country’s military working with units linked to gross violations of human rights.

“I received a letter from the defense attache of the United States Armed Forces based in Canberra, to me, indicating that the release of the Brereton report and its findings may initiate Leahy Law considerations,” Campbell said.

Campbell said he did not believe he informed the defense minister at the time and had not informed the current defense minister, Richard Marles.

Campbell was quizzed by senators on why he had not advised successive governments about such a letter from Australia’s most important security treaty partner, AP reported.

Independent Senator Jacqi Lambie asked whether the government should have been advised of such a “pretty big matter.”

Campbell replied: “I think there’s a difference between ‘may’ and ‘does.’ So the defense attache was indicating that it ‘may,’ rather than it ‘does.’”

Campbell later corrected himself, telling the Senate committee that records showed he had informed the previous government's defense minister in 2021.

The U.S. never applied Leahy Law restrictions to the Australian military and 12 months after the letter marked the “conclusion of the issue,” Campbell said.

Marles' office confirmed that the current defense minister, whose government came to power in elections in May last year, had not been briefed on the issue.

Marles "is briefed on matters relating to his portfolio as they arise and as is appropriate,” his office said in a statement.

Police in March charged the first Australian veteran for an alleged killing in Afghanistan, three years after the Brereton investigation found that 19 Australian special forces soldiers could face charges for illegal conduct during the conflict.

Former SAS trooper Oliver Schulz, 41, was charged with the war crime of murder in the death of an Afghan who was shot in 2012 in a wheat field in Uruzgan province.

More than 39,000 Australian military personnel served in Afghanistan over 20 years until the 2021 withdrawal.

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Canada sent 19 failed asylum seekers back to Afghanistan last year

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Canada's border guards sent 19 rejected Afghan asylum seekers back to the country last year despite Otawa’s Temporary Suspension of Removals (TSR) that has been in place for Afghan nationals since 1994.

CBC reported that none of the 19 Afghans had their cases rejected on the basis of safety or security risks. The border service did not however reveal further details.

The border agency said a TSR is meant to "halt removals to a country or place when general conditions, such as armed conflict or an environmental disaster, pose a risk to the entire civilian population."

It also said individuals who were found inadmissible "on grounds of criminality, serious criminality, international or human rights violations, organized crime, or security" can be removed despite a TSR, CBC reported.

The CBSA said the 19 who failed their refugee claims left Canada "voluntarily," and that the Afghans were "aware that they benefit from a stay of removal due to the Temporary Suspension of Removal on Afghanistan but requested to have their removal order enforced despite the legislative stay.

"In other words, the individual was advised that they can remain in Canada until the TSR is lifted and they opted to return to Afghanistan."

Canada has welcomed some 54,000 Afghans since August 2021, surpassing a commitment it made to bring in 40,000 in 2021.

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Trump team compiling list of military officers responsible for US withdrawal from Afghanistan

Trump has on a number of occasions condemned the withdrawal as a “humiliation” and “the most embarrassing day in the history of our country.” 

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The Trump transition team is compiling a list of senior current and former U.S. military officers who were directly involved in the chaotic withdrawal from Afghanistan in 2021 and exploring whether they could be court-martialed. 
 
NBC reported that the team working on the transition of power between President-elect Donald Trump and outgoing President Joe Biden are considering creating a commission to investigate the 2021 withdrawal from Afghanistan.
 
Citing a US official and a person familiar with the plan, NBC stated a commission would then gather information about who was directly involved in the decision-making for the military, how it was carried out, and whether the military leaders could be eligible for charges as serious as treason.
 
“They’re taking it very seriously,” the person with knowledge of the plan said.
 
The Trump transition team did not immediately respond to a request for comment.
 
Matt Flynn, a former deputy assistant secretary of defense for counternarcotics and global threats, is helping lead the effort, the sources said. 
 
Trump has on a number of occasions condemned the withdrawal as a “humiliation” and “the most embarrassing day in the history of our country.” 
 
NBC reports however that it is not clear what would legally justify “treason” charges since the military officers were following the orders of President Joe Biden to withdraw all U.S. forces from Afghanistan.
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Ottawa taking detention of Canadian in Afghanistan ‘very seriously’

Lavery helped an estimated 100 Afghans flee Kabul during the chaotic withdrawal of US and allied forces.

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The Canadian government is taking "very seriously" the detention in Afghanistan of a former member of Canada's elite special forces, Prime Minister Justin Trudeau said Saturday.

Retired soldier David Lavery, known in Kabul as Canadian Dave, was detained by the Islamic Emirate shortly after landing in Kabul on Monday, according to Canadian broadcaster CTV News.

His whereabouts are unknown, the outlet added, citing unnamed sources.

Asked about Lavery, Trudeau said: "I can first of all assure you that the Canadian government is taking very, very seriously the situation."

He also said consular assistance has been provided to Lavery's family.

Lavery helped an estimated 100 Afghans flee Kabul during the chaotic withdrawal of US and allied forces.

He spent decades in the Canadian military and is said to have been a key member of its elite Joint Task Force 2 special operations unit.

More recently, Lavery has reportedly operated a private security firm in Kabul.

The Islamic Emirate has not yet commented.

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