“You’ve got a situation of utter lawlessness in which western governments who have committed to rooting it out seem unwilling to take responsibility to provide the institutional and financial mechanisms to deliver on that commitment. If there’s a gap, and unless that gap is filled, you have impunity and more lawlessness,” said Sands.
“The legal framework as it stands seems incapable of delivering, so this application is intended to fill that gap and seek to recognise the responsibility of a state like Australia to ensure that justice is done for the victims.” In their complaint to the UN, the women argue that Sharrouf’s crimes were of universal jurisdiction, and Australia’s obligation to act under the torture convention is not limited by territory. They also state that Australia had failed to prevent Sharrouf from leaving the country, despite previous arrests for terror offences.
Yasmin Waljee, the international pro bono partner at the law firm Hogan Lovells, which is representing the women, said the women cannot be compensated by IS or the perpetrator, as Sharrouf is presumed to have been killed in a 2017 US airstrike.
Waljee said survivors have short and long-term needs – like healthcare, mental health support and accommodation – that require money. While a positive ruling from the UN committee cannot compel Australia to provide compensation, she said, a finding that the government had breached the convention against torture would be “a move forward” in international law.
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