A former New South Wales magistrate who once served as a war crimes prosecutor at The Hague says those higher up the Army's "chain of command" must be investigated over alleged unlawful killings in Afghanistan.
Graham Blewitt has told the ABC securing convictions over the disturbing findings of last year's Brereton inquiry would not be easy because Australian police did not currently have the appropriate expertise.
"I know from experience that investigating such allegations is not easy and it requires a level of expertise that does not exist currently in the Australian [state] police forces or in the Australian Federal Police," he said.
His warnings come on the day the Federal Government's new Office of the Special Investigator formally begins its work examining the evidence uncovered by the Inspector-General of the Australian Defence Force (IGADF).
In November, Justice Paul Brereton recommended that 19 soldiers be investigated by police for the "murder" of 39 prisoners and civilians, and the cruel treatment of two others.
Last month, former Commonwealth DPP and federal court judge Mark Weinberg was announced as the special investigator who would pursue the most serious of the alleged crimes uncovered by the IGADF inquiry.
Mr Blewitt, who also helped to prosecute Nazi war criminals in Australia during the 1980s and 1990s, says it is crucial that the new office looks beyond just the lower ranked soldiers identified by Justice Brereton.
"In my view it would be irresponsible for the special investigation unit not to go higher up the chain of command," he said.
While the retired magistrate warns the work of investigations and then prosecutions will be difficult, he believes the process could be completed in under five years.
"It will be necessary to become very familiar with the work of Brereton and to then pick that up and carry the baton on — and complete the task," he said.
"It can be done but it's going to require dedication by a number of very professional people."
Rawan Arraf from the Australian Centre for International Justice said she was hopeful the Office of the Special Investigator would help secure convictions, but warned the process could take a long time.
"We haven't yet seen what the budget is for this office, but we're hoping that it is sufficient enough to be able to carry out these investigations which we expect will take many, many years."
