Australia's Most-Decorated Soldier Charged Over Alleged War Crimes in Afghanistan

Ben Roberts-Smith, a former Special Air Service (SAS) corporal and Victoria Cross recipient, was arrested at Sydney airport and is facing five charges relating to the war crime of murder. The allegations stem from his service in Afghanistan between 2009 and 2012, where he is accused of killing unarmed detainees.

Background to the Charges

The arrest follows a significant defamation case in 2023, where a Federal Court judgement found, on the balance of probabilities, that Mr Roberts-Smith had participated in at least four murders. This civil trial marked the first instance of an Australian court examining claims of war crimes by Australian forces. Mr Roberts-Smith, 47, vehemently denies all wrongdoing, previously labelling the allegations as "egregious" and "spiteful".

According to the Australian Federal Police (AFP), the charges include one count of the war crime of murder, one of jointly commissioning a murder, and three counts of aiding, abetting, counselling, or procuring a murder. Commissioner Krissy Barrett stated that the victims were allegedly shot by Mr Roberts-Smith or by subordinate members of the Australian Defence Force (ADF) acting under his orders and in his presence.

Ongoing Investigations and Challenges

This case is a direct outcome of the 2020 Brereton Report, a landmark investigation that uncovered "credible evidence" of unlawful killings of 39 individuals by elite Australian soldiers in Afghanistan. The Office of the Special Investigator (OSI) was established to investigate these claims. Ross Barnett, director of investigations at OSI, acknowledged the substantial challenges involved in investigating alleged murders committed in a war zone 9,000km from Australia, without direct access to crime scenes or deceased individuals.

Prime Minister Anthony Albanese has refrained from commenting on the ongoing legal proceedings. The Australian War Memorial has indicated it will again review its exhibit related to Ben Roberts-Smith, which has previously been updated to reflect the evolving allegations and legal outcomes.