An Office of Special Investigator has been established to investigate alleged war crimes committed by Australian Defence Force personnel in Afghanistan. The development follows an unprecedented investigation by the Inspector-General of the Australian Defence Force into alleged criminal conduct of Australian Special Forces. While the investigations to date have been extensive, there has been little public discussion regarding the participation of victims and their families in the investigations and their ability to participate in the potential criminal prosecutions. This article outlines the legal jurisdictions in which Australian Defence Force personnel could be prosecuted in Australia and explores the legal framework for victim participation in those jurisdictions, including alternative third-party participation avenues such as amicus curiae and intervener applications.
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