'Enough is enough,' Richard Marles and Jacqui Lambie to meet after Australian war crimes referral

The Defence Minister is to meet Tasmanian senator Jacqui Lambie in Canberra on Wednesday in the wake of her article 15 referral to the International Criminal Court (ICC), asking it to investigate senior Australian Defence Force (ADF) commanders over their knowledge of alleged war crimes in Afghanistan.

Senator Lambie is seeking the war court to "look at Australia's High Command through the lens of command responsibility", but she and her team admits they just want Australia to "properly" investigate the claims.

She claims a culture of cover up at the highest levels of the ADF, but Mr Marles insists Australia is dealing with the "appalling" allegations.

"Under the Albanese government Australia is holding itself to account," he said on Tuesday. "The Chief of the Defence Force has been pursuing a process in respect of command accountability consistent with the recommendations of the Brereton report. And from the very first days of our government, he has done that without full support."

"That process in turn, has led to a number of recommendations which now sit on my desk and I'm seeking the appropriate advice in respect of those recommendations and will act on them in due course.

"The allegations which are at the heart of this are very serious and very grave, but through the recommendations of the Brereton report our government will ensure that we make this right."

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Senator Lambie has returned fire saying the process Mr Marles is referring to is an administrative process about medals and not a process that investigates the criminal liability of senior command.

Chief of the Defence Force, Angus Campbell was in charge of Australian forces in Afghanistan for part of the period the Brereton Inquiry investigated.

The Office of Special Investigations was established late in 2020 and began working on an investigation into alleged war crimes committed by the Australian Defence Force, as detailed in the Brereton report.

Senator Lambie has continued her scathing assessment of the Brereton report, outlining a "shocking lack of accountability" at the top of Australia's defence force while "our diggers were thrown under the bus."

"Well, we don't forget. I won't forget. Lest we forget," she told the senate.

"There is a culture of cover up at the highest levels of the Australian Defence Force. It is the ultimate Boys Club.

"Well, today I say enough. Enough is enough. There will be no more marking your own homework. There will be no more throwing our diggers under the bus."

Senator Lambie and lawyer and veteran Glenn Kolomeitz, who countersigned the Hague referral, said Major General Brereton gave a blanket exemption to the higher commanders.

"The senior commanders have not been examined through the hardcore legal lens," she insisted.

The defence Minister and Deputy Prime Minister told reporters that Senator Lambie's advocacy on behalf of veterans has been significant and "our government holds this in the highest regard in relation to the current manner."

Asked if he has satisfied himself personally that there has been enough accountability of the Australian top brass over what they knew about the war crimes allegations, Mr Marles said that the Chief of the Defence Force has gone through "his process" which is "appropriate" and consistent with the recommendations of the Brereton report.

"I'm going through that process right now. Seeking the appropriate advice in relation to these recommendations. And I will act upon them in due course," he said.

"The allegations which are at the heart of all of this, as I've said, are serious and they are grave.

"This needs to be done thoroughly and properly. And it will take the time that it takes, but what's most important is not the time that it takes but that the process is done fully and thoroughly. And that's what I intend to do."

Mr Kolomeitz said the intent is to get Australia to properly investigate claims of criminality relating to command responsibility.

"The responsibility provisions in the Rome Statute are that they knew or should have known. That's the old test going back to the Second World War," he said.