Australia's Most Decorated Living Soldier Charged With War Crimes
Ben Roberts-Smith, Australia's most decorated living soldier and recipient of the Victoria Cross, has been arrested and charged with five counts of war crimes over the alleged killing of unarmed Afghan civilians during his deployments between 2009 and 2012.
The 47-year-old former SAS corporal was arrested at Sydney Airport on Tuesday and spent the night in custody ahead of a bail hearing on Wednesday. He faces one charge of war crime murder, one of jointly commissioning a murder, and three of aiding, abetting, counselling or procuring a murder, with each carrying a maximum penalty of life in prison.
Australian Federal Police Commissioner Krissy Barrett said: "It will be alleged the victims were detained, unarmed and were under the control of ADF members when they were killed." She added that the alleged victims "were not taking part in hostilities at the time of their alleged murder" and that some were shot by Roberts-Smith directly while others were allegedly shot by subordinates acting on his orders and in his presence.
The charges follow a lengthy civil defamation case that Roberts-Smith himself initiated in 2018 after newspapers reported he was "complicit in and responsible for the murder" of unarmed Afghan men, which he described as "egregious" and "spiteful." A Federal Court judge found in 2023, on the balance of probabilities, that he had taken part in at least four murders, including ordering unarmed men to be shot to "blood" new soldiers on two occasions, and being involved in the death of a handcuffed farmer he kicked off a cliff. The ruling was upheld on appeal and Australia's highest court refused to hear a further challenge to the ruling. The criminal proceedings will require a higher standard of proof beyond reasonable doubt rather than on a balance of probabilities.
Roberts-Smith's arrest is the most significant development yet in the aftermath of the 2020 Brereton Report, which found "credible evidence" that elite Australian soldiers had unlawfully killed 39 people in Afghanistan and recommended that 19 current or former ADF members should be investigated. A specialist body, the Office of the Special Investigator (OSI), was created to conduct those investigations. Only one other person, former SAS soldier Oliver Schulz, who has pleaded not guilty, has previously been charged.
Ross Barnett, director of investigations at the OSI, called the arrest "a significant step" under "challenging circumstances," noting the difficulties of investigating alleged war crimes committed in a country 9,000 kilometres away, with no access to crime scenes, evidence or victims.
Barrett was careful to contextualise the charges, saying that the misconduct allegations were confined to "a very small section of our trusted and respected ADF. The majority of the ADF do our country proud." She added that the charges were "not reflective of the majority of members who serve under our Australian flag with honour, with distinction and with the values of a democratic nation."
Prime Minister Anthony Albanese declined to comment on the situation, saying that it was "very important that there not be political engagement" in cases before the courts.
The Australian War Memorial said it would review its Roberts-Smith exhibit once again. The display of his uniform and medals has been updated multiple times to reflect the ongoing allegations and court proceedings.
Rawan Arraf of the Australian Centre for International Justice said that the arrest was "a significant and long-awaited step for victims and affected communities in Afghanistan," adding that proper prosecution was "essential to ensuring justice for Afghan victims and to Australia meeting its obligations under international law."
The arrest also reignited debate about David McBride, the former Australian army lawyer who was imprisoned for leaking information about alleged war crimes in Afghanistan. Senator David Shoebridge responded to news of Roberts-Smith's arrest with a two-word post on X: "Release David McBride."
