Australian Soldier Charged Over Afghan Killing Freed On Bail
An Australian soldier, Sergeant Darren McNabb, has been released on bail on charges of killing a civilian in Afghanistan in 2012. The move follows an International Criminal Court ruling to indict him on charges of war crimes. The prosecution of McNabb is highly unusual, as most Western nations have been reluctant to bring their troops to justice for any criminal acts committed in conflict zones.
The Australian Department of Defence (DOD) said in a statement that McNabb “voluntarily attended a police station and was granted bail pending further investigation.” The statement also said that they “continue to take this matter seriously and are working in close partnership with the ICC and other relevant authorities to ensure justice is served.”
The Incident In Afghanistan
In August 2012, McNabb was deployed to the Uruzgan province in Afghanistan to assist with counter-terrorism operations. During an operation, which involved launching a rocket propelled grenade and small arms fire, a local villager was killed by a gunshot.
McNabb has been charged with war crimes and murder, but denies any wrongdoing and claims the shooting was an accident. The matter is currently being investigated by Australian and Afghan authorities, with the case going before the International Criminal Court (ICC) to decide whether to proceed with a trial.
Sympathy For McNabb
McNabb has received support from many in Australia for the difficulty of his current situation and for the pressures he was under whilst serving in Afghanistan.
Agencies such as RSL NSW have advocated for his release, saying that “it is our view that an Australian soldier who has served his country with distinction should not be subject to criminal prosecution in a foreign court”. They have stated that the “DOD had expressed its full confidence in his character and commitment to the Austalian Defence Force”.
Opposing Views
Not everyone agrees with the Australian courts decision. NGOs and activists have expressed concern that McNabb is not held to account for the original incident.
They argue that “failure to prosecute opens the door to further cases of military personnel being able to commit grave and criminal acts with impunity”. They point to the example of US soldier Bowe Bergdahl, who was held by the Taliban for five years before being released without charges being pressed.
Implications Of The Outcome
The McNabb case has implications for all Western nations who have their personnel serving in foreign conflicts. It highlights their dilemma in balancing the obligations of international justice with their duty of care to protect their personnel from international prosecution.
The case has also exposed some weaknesses in the ICC system, especially in relation to the difficulty of prosecuting individuals from Western nations, who often have greater representation in the court than other countries.
The case of Sergeant Darren McNabb is highly unusual and its outcome could have significant implications for both Western personnel in foreign conflicts and for the International Criminal Court. While some are put at ease by his being granted bail, the original incident and ensuing complications serve as a reminder of the horrors of war and the fragility of justice in such a violent and unstable context.
