The latest updates from the Inquiry:
3 July 2019 - Progress Report No 5
An update on the latest disclosure of classified documents, the release of United States Government material and other matters.
1 July 2019 - Latest disclosure of classified documents
The Inquiry has published the latest tranche of documents that have been reviewed under the protocol for reviewing classified documents. These relate to Operation Burnham, Objective Yamaha (the operation to capture Taliban insurgent Qari Miraj and allegations of mistreatment by New Zealand soldiers) and detention policy.
The documents can be found here.
28 June 2019
Minute No 18
This Minute sets out the Inquiry’s approach to publishing United States Government material released under the United States Freedom of Information Act. This includes the report of the United States Army investigation into Operation Burnham and three video clips taken from the weapons systems video of Apache helicopters operating on the night of 21/22 August 2010.
The United States Army investigation report can be found here.
Minute No 17
This Minute sets out the revised agenda for Public Hearing Module 3 being held in Wellington on Monday 29 July and Tuesday 30 July 2019 at the Thorndon Hotel, 24 Hawkestone Street, Thorndon.
21 June 2019
Legal opinions for Public Hearing Module 3, 29 and 30 July 2019
The Inquiry has commissioned expert legal opinions from two prominent international lawyers.
Emeritus Professor Sir Kenneth Keith, a former judge of the International Court of Justice, has provided an opinion on International Humanitarian Law and the Law of Armed Conflict. These laws limit the use of force in non-international armed conflict such as the conflict in Afghanistan was at the time of Operation Burnham. Professor Keith also covers the law on detention.
Professor Dapo Akande, Co-Director of the Oxford Institute for Ethics, Law and Armed Conflict, University of Oxford, has provided an opinion on the international legal principles and rules that govern predetermined and offensive use of force against identified individuals in the context of non-international armed conflict. The opinion specifically references the Joint Prioritised Effects List.
The legal issues under scrutiny are difficult. Their application is not simple. These opinions will help clarify the issues.
The Inquiry is grateful to the two experts for their willingness to provide their views. They will also speak at the hearing being held in Wellington on 29 and 30 July 2019.
18 June 2019
Inquiry response on withdrawal of Afghan villagers as core participants.
4 June 2019 - Minute No 16
This Minute sets out an alternative approach for taking evidence from the Afghan villagers and asks counsel for the Afghan villagers to help facilitate this. It also addresses funding for their counsel for the remainder of the Inquiry.
31 May 2019 - Progress Report No 4
An update on Public Hearing Module 2, the provision of information to the Inquiry and other matters.
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