Australia's Most Decorated Veteran Arrested on War Crime Allegations
In a significant development, Ben Roberts-Smith, Australia's most decorated living veteran, has been charged with war crimes related to the alleged killing of five unarmed Afghans during his service in Afghanistan from 2009 to 2012. Police and media reports confirmed the arrest on Tuesday, though authorities have not officially named the 47-year-old former soldier, widely identified in the press as Roberts-Smith.
Details of the Charges and Arrest
Australian Federal Police Commissioner Krissy Barrett announced that Roberts-Smith was arrested at Sydney Airport on Tuesday after arriving on a flight from Brisbane. He faces five counts of war crime murder, a federal offense in Australia that carries a potential life sentence. According to Barrett, the charges allege that the victims were not participating in hostilities at the time of their deaths, were detained and unarmed, and were under the control of Australian Defense Force (ADF) members when killed.
Barrett further stated that it will be alleged the victims were shot by Roberts-Smith or by subordinate ADF members acting on his orders. Roberts-Smith, a former corporal in the Special Air Service Regiment (SAS), is only the second Australian veteran of the Afghanistan campaign to be charged with a war crime. The first, former SAS soldier Oliver Schulz, 44, has pleaded not guilty to a similar charge involving the shooting of an Afghan man in 2012.
Background and Legal Context
This criminal case follows a civil court ruling in 2023, where a federal judge rejected Roberts-Smith's defamation claims against several newspapers that accused him of war crimes in 2018. The judge found it likely that Roberts-Smith unlawfully killed four noncombatants in 2009 and 2012. However, while the civil case established these allegations on a balance of probabilities, the new criminal charges must be proved beyond a reasonable doubt in court.
In September, Australia's High Court declined to hear an appeal, ending Roberts-Smith's chances of overturning the civil ruling. The charges also align with a 2020 military report that found evidence of elite Australian SAS and commando troops unlawfully killing 39 Afghan prisoners, farmers, and other noncombatants.
Witness Testimonies and Investigation
Nick McKenzie, a journalist who was unsuccessfully sued for defamation by Roberts-Smith and has been investigating the allegations since 2017, expects SAS colleagues to testify in the criminal trial as they did during the civil proceedings. McKenzie highlighted the difficulty of the journalism task, given the secretive nature of the elite force, and praised the bravery of SAS witnesses who came forward.
He noted that some soldiers broke down after testifying, emphasizing the emotional toll of speaking out against alleged misconduct. The Office of the Special Investigator, established to work with police on war crime allegations, has investigated 53 cases, with 39 concluding without charges. Ross Barnett, the office's director of investigations, provided these details, underscoring the complexity of the process.
Broader Implications and ADF Response
Commissioner Barrett stressed that the alleged conduct is confined to a very small section of the ADF, and the overwhelming majority of military personnel serve with honor and distinction. She reiterated that the charges do not reflect the values of the broader Australian defense community. Between 2001 and 2021, approximately 40,000 Australian military personnel served in Afghanistan, with 41 killed in action.
Roberts-Smith, who was awarded both the Victoria Cross and Medal of Gallantry for his service, will remain in custody overnight and make his first court appearance on Wednesday, where he may apply for bail. The case continues to draw attention to accountability and justice in military operations, with potential long-term impacts on Australia's defense reputation.
