KABUL, AFGHANISTAN – A group of UN experts, including Special Rapporteur Richard Bennett, has urged the Australian government to immediately fulfill its commitment to compensate the families of 39 victims of war crimes committed by the Australian military in Afghanistan.
In a press release on Tuesday, August 7, the experts stated that Australia has an obligation under international human rights law and international humanitarian law to compensate victims of summary executions and torture.
“It is unconscionable that families of deceased victims such as Mr. Nazar Gul, Mr. Yaro Mama Faqir and Mr. Ali Jan, all murdered in 2012, have been left destitute in the harsh living conditions of rural Afghanistan for over a decade,” they said.
“The inquiry established that compensation is owed to the victims and their families and as such, it is unacceptable that compensation has still not been paid almost four years since the Australian Government agreed to pay, and 12 years since some murders occurred,” they added.
Over the past 2 decades, more than 39,000 Australian military personnel served in Afghanistan until their withdrawal with the US and other allies in 2021, when the Taliban seized power. During this period, 41 Australian soldiers were killed.
In 2020, a military inquiry revealed that Australian soldiers killed 39 unarmed prisoners in Afghanistan while deployed with the NATO-led International Security Assistance Force. Some of the victims were tortured before being killed.
Separate investigations by Australia’s SBS News revealed on November 21, 2023, that the families of two men killed by Australian soldiers in Uruzgan province were demanding justice after it was revealed that the soldiers drank alcohol from one of the victims’ prosthetic legs.
Last month, the Australian government announced a compensation plan for the families of individuals who were killed or abused by Australian special forces in Afghanistan.
The Australian government said that the country “need not wait for a court to establish criminal liability before making compensation payments.” It argued that if there was credible evidence of unlawful killings, it was “simply the morally right thing to do” to provide compensation swiftly, an action that would help restore “Australia’s standing.”
However, the UN expert noted that while the Australian government has implemented regulations to facilitate compensation, it treats compensation as a form of charity at the discretion of its military, rather than as a legal right of victims under international law.
“In addition to compensation, 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,” the UN expert said.
They acknowledged the challenges of paying compensation due to the political and security situation in Afghanistan and the lack of diplomatic relations with the Taliban. However, they stated that feasible solutions are available to facilitate compensation and offered their assistance to that end.
The experts also urged other countries involved in Afghanistan over the past two decades to thoroughly review their activities, particularly any allegations of war crimes, to ensure criminal accountability and reparations.
