UN experts in Geneva have called upon the Australian government to honor its commitment to compensate the families of 39 victims murdered in Afghanistan, underscoring the obligations under International Human Rights Law (IHRL) and International Humanitarian Law (IHL). In a press release issued on Wednesday, the experts emphasized the need for immediate action.
The plea follows a 2020 military inquiry which revealed that Australian soldiers, part of a NATO-led International Security Assistance Force in Afghanistan in 2012, had killed 39 unarmed prisoners. The long-term impact on the victims’ families, who have endured destitution and precarious living conditions for over a decade, was highlighted by the UN experts.
Under the rules of war, all parties in a conflict must mitigate the impact on civilians, particularly women and children. The experts asserted that Australia’s responsibility extends beyond financial compensation to providing rehabilitation measures such as medical and psychological care, legal assistance, and educational support for the victims’ families.
Despite Australia adopting regulations in July 2024 intended to enable compensation, the experts criticized the approach as discretionary charity rather than a legal obligation. They pointed out the political and security challenges in Afghanistan, along with the lack of diplomatic relations with its de facto authorities, which complicate the compensation process. The experts offered their assistance to explore feasible solutions.
The domain of accountability extends beyond Australia, as the experts urged other states involved in Afghanistan to scrutinize their military operations and address any war crimes, ensuring criminal accountability and reparations. The ongoing talks reflect the broader international obligation to address the repercussions of military actions in conflict zones.