Chris Moraitis,director-general of the Office of the Special Investigator within the Department of Defence.Credit:Alex Ellinghausen
Schulz has been remanded in custody,with his next hearing scheduled for May 16 at Sydney’s Downing Centre Local Court.
“This is the first war crime charge of murder to be laid against a serving or former Australian Defence Force member under Australian law,” the AFP said in a statement. “The Office of the Special Investigator and the AFP are working together to investigate allegations of criminal offences under Australian law related to breaches of the laws of armed conflict by Australian defence force personnel in Afghanistan between 2005 and 2016.”
The Brereton inquiry,handed down in November 2020,recommended that 23 incidents and 19 individuals be referred for further investigation by police.
The inquiry recommended that any alleged war crime should be prosecuted in a civilian criminal court in a trial by jury,rather than a military tribunal.
Killings are considered a war crime if the victim was not a combatant or was incapacitated due to injury and that the perpetrator was reckless to this fact.
Killings do not constitute war crimes if they occur as part of an attack on a military objective,in which the perpetrator did not expect excessive civilian casualties.
Fiona Nelson,director of legal advocacy at the Australian Centre for International Justice,said the organisation welcomed news that investigations had resulted in an arrest.
“Victims of human rights violations across the conflict in Afghanistan have for decades been denied avenues for any accountability,” she said.
“Criminal proceedings in Australia have an important role to play in finally allowing for impunity to be challenged.”
The Morning Edition newsletter is our guide to the day’s most important and interesting stories,analysis and insights.Sign up here.