Australia’s Top Decorated Soldier Faces War Crimes Charges

Ben Roberts-Smith, Australia’s most decorated living veteran, has been arrested on war crimes allegations linked to his time in Afghanistan. The former Special Air Service (SAS) corporal was detained at Sydney airport on Tuesday and is set to appear in court on Wednesday, where he will face five charges related to the crime of murder. He will remain in custody overnight before a bail hearing.

A Civil Trial Unveils New Evidence

In 2023, a defamation ruling confirmed Roberts-Smith had killed multiple unarmed Afghan civilians. The 47-year-old soldier, a Victoria Cross recipient, insists the accusations are “egregious” and “spiteful,” asserting they have not yet reached a criminal standard. This civil proceeding marked the first time any court scrutinized claims of war crimes by Australian forces.

“It will be alleged the victims were shot by the accused or by soldiers under his command during combat operations,” said Commissioner Krissy Barrett of the Australian Federal Police.

A Historic Investigation

The Brereton Report, released in 2020, revealed “credible evidence” that elite Australian troops unlawfully killed 39 individuals in Afghanistan. This led to the formation of the Office of the Special Investigator (OSI), which has since investigated numerous alleged murders. To date, only one other person has been charged by the OSI.

“The OSI has been tasked with examining dozens of killings in a war zone 9,000km from Australia, where access to crime scenes and evidence remains limited,” noted Ross Barnett, the OSI’s director of investigations.

Legal Battle and Court Findings

Roberts-Smith’s case has been central to a high-profile legal dispute spanning seven years and costing millions. Despite his claims of legal action during combat, a Federal Court judge ruled on the balance of probabilities that he participated in at least four murders. This decision was upheld after an appeal. The judge also found he ordered two unarmed men to be shot and was involved in the deaths of a handcuffed farmer and a captured Taliban fighter, whose prosthetic leg was later used as a drinking vessel.

Political Silence and Public Perception

Prime Minister Anthony Albanese opted not to comment on the case, emphasizing the need to avoid political interference. In 2018, Roberts-Smith was celebrated as a national hero after receiving Australia’s highest military honor for heroically repelling a Taliban attack. However, the recent allegations have shifted public opinion, with the court’s findings highlighting concerns about military conduct.