Inquiry finds Australian troops killed 39 unarmed Afghans in 2012. UN experts: Australia must compensate families of Afghans killed International law
A group of independent UN experts has called on Australia to immediately fulfil its obligations to compensate families of those killed in war crimes committed by Australian troops in Afghanistan.
A 2020 investigation found that Australian soldiers serving in Afghanistan as part of the NATO-led International Security Assistance Force killed 39 unarmed prisoners. Some of the victims were tortured before they were killed.
“Australia has a duty to compensate the victims of executions and torture under international human rights and humanitarian law,” the experts said. “It is unfair that the families of those killed in 2012 have been left destitute in harsh conditions in rural Afghanistan for more than a decade.”
The experts acknowledged that the Australian government was making efforts to criminally investigate and prosecute those responsible. In July 2024, Australia finally adopted rules allowing compensation to be paid. However, the Australian authorities approach compensation payments as a form of charity, leaving the final decision to the military itself.
In addition to compensation, international law requires Australia to provide rehabilitation measures, including medical and psychological assistance, legal assistance, and educational or other support to the families of victims, including their children, spouses and other family members recognized under Afghan law. Full rehabilitation may also involve acknowledging the truth, apologizing, and publicly commemorating the victims.
The experts acknowledged the difficulties in providing compensation given the political and security situation in Afghanistan, as well as the lack of diplomatic relations with the de facto authorities in that country.
Special Rapporteurs and independent experts are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures experts work on a pro bono basis; they are not UN staff and do not receive a salary for their work.