Experts Urge Australia to Fulfill Compensation Commitment for Afghan War Crime Victims

The experts emphasized that the Australian Government's slow progress in providing compensation is unacceptable and fails to meet international legal obligations.

A group of independent experts has called on Australia to immediately honor its commitment to compensate the families of 39 Afghan victims of war crimes committed by Australian soldiers. The experts emphasized that the Australian Government's slow progress in providing compensation is unacceptable and fails to meet international legal obligations.

The call follows a 2020 military inquiry which revealed that Australian soldiers killed 39 unarmed prisoners in Afghanistan, with some victims subjected to torture before their deaths. Despite acknowledging the need for compensation, the Australian Government has yet to deliver on its promise, nearly four years after agreeing to provide it and twelve years after the incidents occurred.

“The failure to compensate these victims and their families is a grave injustice,” the experts stated. “The conditions faced by families such as those of Mr. Nazar Gul, Mr. Yaro Mama Faqir, and Mr. Ali Jan, who have been living in destitution in rural Afghanistan for over a decade, are unacceptable.”

While Australia has made strides in investigating and prosecuting the perpetrators, the experts criticized the current compensation scheme. Adopted in July 2024, the scheme is seen as insufficient, as it treats compensation as a discretionary charity rather than a legal right under international law. The scheme lacks enforceable rights, clear criteria, due process, and adequate judicial safeguards, and does not require the Government to consult with or inform the victims' families.

The experts also stressed that international law mandates not only financial compensation but also measures of rehabilitation, including medical and psychological care, legal assistance, and educational support for the victims' families. They pointed out the need for a formal apology, truth acknowledgment, and public commemoration of the victims.

“The Australian War Memorial’s recognition of a war hero responsible for these murders further degrades the victims,” the experts said. They urged Australia to address the challenges of paying compensation in the politically and security-sensitive environment of Afghanistan and offered their assistance to facilitate this process.

Additionally, the experts called on other nations involved in the Afghan conflict to review their own actions and address any allegations of war crimes, ensuring accountability and reparations.

The experts concluded by emphasizing the need for immediate action to fulfill Australia’s obligations and provide justice to the victims and their families.