Family members of Afghans unlawfully killed by foreign military forces during the 20-year war in Afghanistan have been waiting a long time for justice. Last week revealed two quite different approaches by countries that should provide it.
Australia, which has gone the furthest in investigating alleged war crimes by its forces in Afghanistan, has established a website for family members to file complaints. The site, managed by Australia’s Defense Ministry, includes an online form in the Dari and Pashto languages to request compensation.
While this progress is commendable, it comes five years after a governmental inquiry first disclosed the extent of probable crimes, including summary executions of captured combatants and civilians. Only one soldier has been charged in connection with the allegations.
The long delays led United Nations special mandate holders in August 2024 to raise concerns about Australia’s approach to compensation “as a form of charity at the discretion of its military, not as a legal right of victims under international law,” and the lack of clarity concerning consultation with victims and their families.
Those concerns remain. Afghan human rights activists are hosting online panels to draw attention to the website. The Australian government needs to ensure Afghans know about the website and how to file a complaint.
The United Kingdom, meanwhile, which also has an obligation to provide justice for war crimes, has made much slower progress.
Last week, BBC Panorama presented new evidence of war crimes by British special forces in Iraq and Afghanistan, including interviews with former soldiers about summary executions of wounded detainees and civilians, including children. “They handcuffed a young boy and shot him,” said a former soldier who had served in Afghanistan. “He was clearly a child, not even close to fighting age.”
The UK government has tried its best to prevent such crimes from ever being prosecuted, with successive governments alleged to have covered up crimes and shut down criminal inquiries. While the government established an independent inquiry into the Afghanistan allegations in December 2022, it has taken years to get going and is limited in scope to the three years 2010-2013.
Richard Bennett, the UN special rapporteur on human rights in Afghanistan, said the new allegations highlighted “the need for comprehensive accountability.” That is the only way victims and their families will find justice.
