Australian authorities should ensure that criminal proceedings against three Australian women who were charged on May 7 and 8, 2026, with serious alleged crimes linked to the Islamic State (ISIS) fully respect due process rights, Human Rights Watch said today. The accused are among thirteen Australians-four women and nine children-who returned to Australia after more than seven years of detention without charge in camps in northeast Syria controlled by the US-backed, Kurdish-led Syrian Democratic Forces (SDF).
The authorities have charged two of the three women with crimes against humanity for alleged enslavement in Syria of female Yazidis, a people ISIS sought to destroy through acts including killings, sexual slavery, enslavement, and torture. The third was charged with allegedly entering a declared conflict zone and joining ISIS. The media have reported that some of the victims of the alleged crimes are living in Australia.
"Crimes against humanity are grave international crimes and it's important for Australian authorities to handle these cases appropriately right from the start," said Daniela Gavshon, Australia director at Human Rights Watch. "Governments have an obligation to act on horrific acts like enslavement and to support the victims, but also a duty to uphold the due process rights of the accused and help reintegrate returning nationals."
This is the first time Australian authorities have charged anyone with crimes against humanity, acting on legislation enacted in 2002 that allows for the prosecution of serious international crimes. However, judicial authorities have pursued atrocity crimes-including crimes against humanity-in ISIS-related cases in other countries.
Under Australian law, crimes against humanity are punishable by up to 25 years in prison. US-backed Kurdish authorities arbitrarily detained these women and their children for more than seven years in desert camps in dire conditions, without adequate food, water, or health care. Courts should consider applying this time toward any future custodial sentences imposed against the women.
The nine children who returned survived horrific circumstances, did not choose to live under ISIS, and some have now been separated from their mothers who have been charged with crimes, contributing to an already stressful transition. The Australian authorities have not disclosed what provisions they have made for the children's well-being.
Previously, 31 women and children have returned from ISIS-controlled territory in northeast Syria to Australia, 25 with assistance from the Australian government. There have been no reports that any of these women or their children have engaged in criminal acts since returning home. Global research by Human Rights Watch from 2022 has shown that children who have previously returned to their country of citizenship from the camps in northeast Syria have reintegrated well.
Policy choices by some repatriating governments have made it more difficult for children to reintegrate and in some cases have caused harm. In Belgium, France, the Netherlands, and Sweden, for instance, the authorities immediately separated children from their mothers if the mother was being investigated or charged with ISIS-related offenses. That caused children significant emotional and psychological distress, family members and mental health professionals said.
In some countries, extended family members such as grandparents faced lengthy investigations before they were allowed to care for returned children or have contact with them, even if the family members had been in contact with the authorities for years. Facilitating support from family members as soon as possible can help provide stability and promote successful reintegration, particularly if the child's parents are deceased or detained, Human Rights Watch said.
"The Australian government should provide the support needed to ensure that these children, who have suffered immensely, have a successful reintegration and receive comprehensive trauma care," Gavshon said. "The Australian authorities should also focus on the needs of victims and survivors of these alleged crimes living in Australia to ensure they're fully supported."
