Australia’s most-decorated living soldier charged over alleged war crimes
Australia’s Highest-Honored Serving Veteran Faces War Crime Charges
Australian forces’ most decorated living member has been formally accused of committing war crimes in Afghanistan, according to recent reports. Ben Roberts-Smith, who retired from the military in 2013, was detained at Sydney airport and will appear in court for five counts of murder as a war crime. He is expected to remain in custody overnight before a bail hearing on Wednesday.
Allegations and Legal Context
In 2023, a defamation ruling concluded that Roberts-Smith, a Victoria Cross recipient and former SAS corporal, had killed several unarmed Afghans. The 47-year-old denies all wrongdoing, calling the accusations “egregious” and “spiteful.” The civil case marked the first time a court examined claims of war crimes against Australian troops.
“It will be alleged the victims were shot by the accused or by subordinates of the Australian Defence Force under his direction,” said Commissioner Krissy Barrett of the Australian Federal Police.
Historical Investigation and Evidence
The Brereton Report, a 2020 investigation, revealed “credible evidence” that elite Australian soldiers killed 39 individuals in Afghanistan, leading to recommendations for 19 current or former service members. A specialized team, the Office of the Special Investigator (OSI), was formed to probe these cases. To date, only one other person has been charged.
“This arrest represents a major milestone in our efforts to address misconduct in a challenging operational environment,” stated Ross Barnett, head of investigations at the OSI.
Legal Battle and Public Perception
Roberts-Smith was initially celebrated as a national hero in 2018 after reports highlighted his single-handed actions during a Taliban attack. He then initiated a high-profile legal defense, which lasted seven years and cost millions, earning the moniker “Australia’s trial of the century.” A Federal Court judge determined, based on probable cause, that he had participated in at least four killings, a verdict upheld on appeal.
Anthony Besanko, the appeals judge, noted that Roberts-Smith had ordered the execution of unarmed men to “blood” recruits and was involved in the deaths of a handcuffed farmer pushed off a cliff and a Taliban fighter whose prosthetic leg was later used as a drinking vessel by troops.
Political and Institutional Responses
Prime Minister Anthony Albanese opted not to comment on the case, emphasizing the need for judicial independence. The Australian War Memorial has announced a review of its exhibit on Roberts-Smith, updating a plaque to reflect the ongoing allegations and legal outcomes.
Barrett also highlighted that claims of misconduct are limited to a small portion of the ADF, which she described as “trusted and respected.” The charges against Roberts-Smith now proceed to a criminal trial, with evidence gathered despite the logistical challenges of investigating incidents 9,000km away from home.
