Australia’s most-decorated living soldier charged over alleged war crimes
Australia’s Highest-Awarded Serving Soldier Faces War Crime Allegations
Ben Roberts-Smith, the nation’s most decorated living soldier, has been charged with war crimes linked to incidents in Afghanistan. The 47-year-old, who retired from the military in 2013, was arrested at Sydney Airport on Tuesday and is set to appear in court for five counts of murder. He will remain in custody overnight before a bail hearing on Wednesday.
Legal Battle Over Unarmed Victims
A 2023 defamation ruling revealed that Roberts-Smith, a former SAS corporal and Victoria Cross recipient, was accused of killing multiple unarmed Afghan civilians. Despite the findings, he denies any wrongdoing, calling the claims “egregious” and “spiteful.” The allegations, yet to be evaluated at a criminal level, mark the first time a court has scrutinized war crime claims involving Australian forces.
“It will be alleged the victims were shot by the accused or by ADF members under his command during combat,” stated Commissioner Krissy Barrett.
Roberts-Smith contested the accusations, asserting the deaths occurred legally in battle or were not justified. His appeal against the Federal Court’s ruling was dismissed last year, confirming the court’s conclusion that he participated in at least four killings. A judge ruled he had ordered two unarmed men to be shot to “blood” inexperienced troops, and was involved in the death of a handcuffed farmer and a Taliban fighter whose prosthetic leg was later used as a drinking cup.
Broader Context of the Inquiry
In 2020, the Brereton Report uncovered “credible evidence” of 39 unlawful deaths by elite Australian soldiers in Afghanistan, prompting an investigation into 19 current or former ADF members. The Office of the Special Investigator (OSI), established to handle such cases, has only charged one other individual so far. Ross Barnett, OSI’s director of investigations, described the arrest as a “significant step” amid “challenging circumstances.”
“The OSI has been tasked with examining dozens of murders alleged to have happened in a war zone 9,000km from Australia,” Barnett added. “We lack access to crime scenes, photographs, and physical evidence like blood spatter analysis or recovered projectiles.”
Prime Minister Anthony Albanese declined to comment on the case, emphasizing the need for judicial independence. Earlier in 2018, when media outlets first reported the allegations, Roberts-Smith was celebrated as a national hero for his role in repelling Taliban attacks during his SAS deployment. Since then, he has waged a high-profile legal defense, spanning seven years and costing millions, dubbed by some as Australia’s “trial of the century.”
