UN experts in Geneva issued a press release urging the Australian government to immediately fulfill its commitment to compensate the families of 39 murdered victims of war crimes in Afghanistan in adherence to International Human Rights Law (IHRL) and International Humanitarian Law (IHL) on Wednesday.

A military inquiry that was conducted in 2020 indicated that when the Australian soldiers were deployed in a  NATO-led International Security Assistance Force in Afghanistan in 2012, the soldiers killed 39 unarmed prisoners. This left the wives and children of the deceased persons destitute and living in harsh conditions in rural Afghanistan for over a decade now. 

According to the rules of war, everybody fighting a war, governmental and non-state armed groups, must respect IHL. This includes limiting as much as possible the impact that the warfare would have on women and children. Australia, therefore, is urged to compensate victims of the documented executions and torture.

Additionally, international law requires Australia to provide measures of rehabilitation, including medical and psychological care, legal assistance, and educational or other support to the victims’ families, including their children, spouses, and other family members recognized under Afghan law. This would require acknowledgment of the truth, apologies, and public commemoration of the victims, which has not been done.

In acknowledgment of Australia’s adoption of regulations to enable compensation in July 2024, the experts noted that the current approach taken was charity, at the discretion of the military, and not as a legal right of the victims under international law.

Australia has, however, faced challenges in paying compensation, given the political and security environment in Afghanistan and the lack of diplomatic relations with the de facto authorities. The experts thus offered their assistance to implore feasible solutions to facilitate compensation.

The experts also urged other states who fought in Afghanistan to thoroughly review their activities, especially any allegations of war crimes, to ensure criminal accountability and reparations as talks on this matter continue.