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Attorney-General approvals for war crimes and terrorism cases draw attention over processing times
Photo: The Nightly
2026-05-25 11:28   Justice   19

Attorney-General approvals for war crimes and terrorism cases draw attention over processing times

Attorney-General Michelle Rowland’s handling of prosecution approvals has come under scrutiny after differences in processing times between high-profile cases were revealed at a Senate committee hearing.

Officials from the Attorney-General’s Department confirmed that Ms Rowland approved the prosecution of decorated former soldier and Victoria Cross recipient Ben Roberts-Smith within two days of a request from the federal Director of Public Prosecutions.The approval was required to proceed with war crimes charges relating to alleged executions of prisoners in Afghanistan.

In contrast, authorisation for charges against three women alleged to have joined or supported ISIS took approximately 25 days to be approved during November and December.The comparison was raised by Opposition Senate Leader Michaelia Cash, who questioned the disparity in processing times.

The ISIS-related cases involve serious allegations, including crimes against humanity such as enslavement and slave trading, as well as terrorism-related offences like membership of a terrorist organisation and entering a prohibited region.The individuals involved include Kawsar Abbas, Zeinab Ahmed, and Janai Safar, who have been arrested and charged in Melbourne and Sydney.

Ben Roberts-Smith was arrested at Sydney Airport following the approval and faces five counts of murder as part of alleged war crimes committed while serving in Afghanistan.He has indicated he will plead not guilty.

The case is being investigated by the Office of the Special Investigator, which has received significant government funding and has so far completed dozens of investigations into alleged misconduct by Australian veterans.

Officials noted that the Attorney-General receives evidence after requests are made, and approval timing may depend on the complexity and volume of material provided in each case.

The contrasting timelines have prompted political and public discussion about consistency in the handling of sensitive national security and war crimes prosecutions.

Full reading at The Nightly

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