Former Australian Army lawyer David McBride has been sentenced to five years and eight months for disclosing information about alleged Australian war crimes in Afghanistan. McBride’s sentencing marks a significant development in the eight-year investigation into these allegations. Supporters of McBride have expressed concerns that the Australian government’s focus has been on punishing the whistleblower rather than addressing the alleged crimes themselves.
Rawan Arraf, the executive director of the Australian Centre for International Justice, described McBride’s imprisonment as a “travesty” and a “dark day for Australian democracy.” Kieran Pender, the acting legal director of the Human Rights Law Centre, warned that McBride’s case would have a chilling effect on potential truth-tellers.
McBride, accompanied by his supporters and pet dog, appeared at the Supreme Court in Canberra for his sentencing. He will remain in prison until at least August 13, 2026, before becoming eligible for parole. In a pre-trial interview with Al Jazeera, McBride emphasized that he had never concealed his sharing of the files and urged a discussion on whether his actions were justified.
The sentencing comes nearly seven years after the Australian Broadcasting Corporation (ABC) published a series of articles known as the Afghan Files, which were based on information provided by McBride. These articles led to an unprecedented raid on ABC headquarters by the Australian Federal Police in 2019. Subsequently, an Australian government inquiry confirmed the credibility of the allegations of war crimes.
Last year, a judge found Ben Roberts-Smith, Australia’s most decorated soldier, “complicit in and responsible for the murder” of three Afghan men during his deployment. Roberts-Smith has appealed against the defamation ruling.
The current status of Australian government inquiries into alleged war crimes remains unclear, as Al Jazeera’s requests for information have not received an immediate response.
Dan Oakes, one of the ABC journalists who wrote the Afghan Files, was recently awarded an Order of Australia Medal for his journalism. However, Oakes later described the story as “greyer, murkier, and messier” than initially perceived.
McBride’s case has garnered support from various individuals, including human rights lawyers, senators, and journalists. Supporters gathered outside the court during the sentencing, with Australian Greens Senator David Shoebridge expressing concern about the potential imprisonment of McBride. Peter Greste, the executive director of the Alliance for Journalists’ Freedom, highlighted the importance of protecting journalists and their sources, particularly in light of Australia’s declining press freedom rankings.