Hager, Stephenson, Keating respond to Operation Burnham inquiry

Nicky Hager:

Hit and Run inquiry decision welcomed

Nicky Hager has welcomed the announcement today of an independent inquiry into civilian casualties during the August 2010 NZSAS raid in Afghanistan – Operation Burnham – the subject of the 2017 book Hit and Run.

“This is very, very good news for New Zealand,” he said. “It is vital that, as a country, we can face up to incidents where our military does terrible things.”

He said good people have been chosen for the inquiry, the terms of reference are broad and resources have been allocated so it can do a proper job. “It feels like the start of a sound and thorough process.”

“There have been years of cover up by the NZSAS and senior military staff ever since the raid – intended for insurgents – killed and wounded 21 civilians, most of them women and children. Even after we wrote a whole book setting out what had happened, the New Zealand Defence Force continued its denials. It is an intolerable situation when the military tries to cover up its own misdeeds.”

“The obvious answer was an independent inquiry and so we warmly welcome today’s announcement.”

“International law says that countries have a legal obligation to conduct an independent inquiry whenever there are credible allegations of civilian casualties. The New Zealand Defence Force and government refused to do this for seven years. At last another government is doing the right thing.”


Jon Stephenson:

The full story from Henry will be on Stuff.


And another reaction:


Operation Burnham inquiry warranted ‘in the public interest’

Attorney General David Parker announced this afternoon that there would be an inquiry into Operation Burnham, the attackn in Afghanistan that has been criticised in the book Hit & Run.

“In deciding whether to initiate an inquiry I have considered material including certain video footage of the operation. The footage I have reviewed does not seem to me to corroborate some key aspects of the book Hit & Run.

“The footage suggests that there was a group of armed individuals in the village.

“However, the material I have seen does not conclusively answer some of the questions raised by the authors.

“In light of that, and bearing in mind the need for the public to have confidence in the NZDF, I have decided in the public interest that an inquiry is warranted.”

The inquiry’s terms of reference include:

  • The allegations of civilian deaths.
  • The allegation that NZDF knowingly transferred a man to a prison where he would be tortured.
  • The allegation that soldiers returned to the valley to destroy homes on purpose.

Approval for Inquiry into Operation Burnham

Attorney-General David Parker has today announced a Government Inquiry will be held into Operation Burnham and related events.

The operation undertaken in Tirgiran Valley, Afghanistan, by NZSAS troops and other nations’ forces operating as part of the International Security Assistance Force took place on 21-22 August 2010.

It was the subject of the book Hit & Run by authors Nicky Hager and Jon Stephenson which contained a number of serious allegations against New Zealand Defence Force (NZDF) personnel involved in the operation.

“In deciding whether to initiate an inquiry I have considered material including certain video footage of the operation,” says Mr Parker.

“The footage I have reviewed does not seem to me to corroborate some key aspects of the book Hit & Run.

“The footage suggests that there was a group of armed individuals in the village.

“However, the material I have seen does not conclusively answer some of the questions raised by the authors.

“In light of that, and bearing in mind the need for the public to have confidence in the NZDF, I have decided in the public interest that an inquiry is warranted.”

Commissioning this inquiry does not mean the Government accepts the criticisms of the actions of SAS forces on the ground, although their conduct is squarely within the inquiry’s purview and will be thoroughly examined.\

The inquiry, established under s 6(3) of the Inquiries Act 2013, will be undertaken by two persons of the highest repute, former Supreme Court judge Sir Terence Arnold and Sir Geoffrey Palmer. As required by statute, it will act independently, impartially and fairly.

Given the classified nature of some information that will be made available to the inquiry, it is possible that two forms of report will be provided; one a public version and a second version referring to classified or confidential information.

Mr Parker said the inquiry would seek to establish the facts in connection with the allegations, examine the treatment by NZDF of reports of civilian casualties following the operation, and assess the conduct of the NZDF forces, including compliance with the applicable rules of engagement and international humanitarian law and the authorisation – military and, if any, political – for Operation Burnham.

It will assess the status – civilian or insurgent – of the Afghan nationals in the area of the operation.

It will also assess the extent to which NZDF rules of engagement authorised “targeted killings” and whether this was clearly explained to those involved in approving the rules of engagement.

The accuracy of public statements made by NZDF and the accuracy of written briefings to ministers about civilian casualties will also fall within the inquiry’s scope.

The inquiry will also be asked to examine whether NZDF’s transport and/or transfer of suspected insurgent Qari Miraj in 2011 to the Afghanistan National Directorate of Security in Kabul was proper given, amongst other matters, the June 2010 decision of the High Court of England and Wales in R (on the application of Evans) v Secretary of State for Defence.

The inquiry, in common with all inquiries under the Inquiries Act, has no power to determine the civil, criminal, or disciplinary liability of any person. However it may, if justified, make findings of fault and recommend further steps be taken to determine liability.

Inquiry_into_Operation_Burnham__Terms_of_Reference.pdf

Media_Q_and_A_Operation_Burnham.pdf