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Australia’s Most Decorated Veteran Faces War Crime Charges for Afghan Killings
Australian Federal Police have arrested the country’s most decorated living veteran on allegations he killed five unarmed Afghans during his military service, marking a significant development in Australia’s reckoning with alleged wartime misconduct.
Ben Roberts-Smith, 47, a former Special Air Service Regiment corporal awarded both the Victoria Cross and Medal for Gallantry, was taken into custody at Sydney Airport on Tuesday after arriving on a flight from Brisbane. While police did not officially confirm his identity, multiple Australian media outlets have reported Roberts-Smith is the individual facing charges.
Authorities allege the victims were not participating in hostilities when they were killed between 2009 and 2012. “It will be alleged the victims were detained, unarmed and were under the control of ADF members when they were killed,” Australian Federal Police Commissioner Krissy Barrett told reporters. “It will be alleged the victims were shot by the accused or shot by subordinate members of the ADF in the presence of and acting on the orders of the accused.”
Roberts-Smith becomes only the second Australian Afghanistan veteran to face war crime charges. The first, former SAS soldier Oliver Schulz, 44, has pleaded not guilty to war crime murder for allegedly shooting an Afghan man named Dad Mohammad three times in the head in an Uruzgan province wheatfield in May 2012.
The charges follow a lengthy investigation into alleged misconduct by elite Australian forces. A 2020 military report found evidence that members of Australia’s Special Air Service and commando regiment troops unlawfully killed 39 Afghan prisoners, farmers, and other noncombatants.
War crime murder carries a potential life sentence in Australia. The federal offense is defined as the intentional killing, in the context of armed conflict, of a person not actively participating in hostilities, such as civilians, prisoners of war, or wounded soldiers.
This criminal case represents a new legal challenge for Roberts-Smith, who previously attempted to clear his name through civil courts. In 2018, he sued several newspapers for defamation after they published articles accusing him of war crimes. However, a federal judge ruled in 2023 that he had likely killed noncombatants unlawfully. Roberts-Smith exhausted his final appeal option in September last year when Australia’s High Court declined to hear his case challenging the civil court findings.
The criminal charges create a higher legal hurdle for prosecutors. While the civil courts found war crime allegations against Roberts-Smith were mostly proven on a balance of probabilities, the criminal case will require proof beyond a reasonable doubt.
Commissioner Barrett emphasized that the alleged conduct involves only “a very small section of our trusted and respected ADF which helps keep this country safe.” She added: “The overwhelming majority of our ADF do our country proud. Today’s charges are not reflective of the majority of members who serve under our Australian flag with honor, with distinction and with the values of a democratic nation.”
Ross Barnett, director of investigations at the Office of the Special Investigator, established specifically to work with police on war crime allegations, provided context on the broader investigation. He noted that authorities have investigated allegations of 53 war crimes, with 39 investigations concluded without charges.
The case has significant implications for Australia’s military reputation and its commitment to upholding international law during armed conflicts. Approximately 40,000 Australian military personnel served in Afghanistan between 2001 and 2021, with 41 killed during the deployment.
Roberts-Smith is expected to appear in a Sydney court later Tuesday or Wednesday as the legal process begins in what will likely be a closely watched case both domestically and internationally.
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5 Comments
This is a very serious and concerning case. Allegations of war crimes are always deeply troubling, especially when they involve such a highly decorated soldier. It’s crucial that the justice system thoroughly investigates these claims and determines the facts, while respecting due process.
This story highlights the complex moral and ethical challenges that soldiers can face in combat situations. While we must condemn any unlawful actions, it’s also important to acknowledge the immense pressures and difficult decisions that service members can confront.
Soldiers are expected to uphold the highest standards of conduct, even in the chaos of war. If the charges against this veteran are true, it’s a grave betrayal of the military’s values and the trust placed in its members. A full and fair investigation is essential.
I’m curious to learn more about the specific circumstances and evidence behind these allegations. It’s important to understand the context and details before rushing to judgment, as high-profile cases like this often have many nuances. A transparent legal process is key.
Regardless of the outcome, this case serves as a sobering reminder of the heavy toll that military conflicts can take, both on soldiers and civilian populations. Ensuring accountability and upholding the rules of war is crucial, but so is supporting those who risk their lives in service of their country.