Australia’s most-decorated living soldier charged over alleged war crimes

Australia’s Most-Decorated Soldier Faces War Crime Charges

Ben Roberts-Smith, the country’s most highly decorated active military personnel, has been arrested and charged with five counts of war crime, including murder, in connection with alleged actions in Afghanistan. The former Special Air Service (SAS) corporal, who retired from the defense force in 2013, was detained at Sydney Airport on Tuesday and will appear in court for a bail hearing on Wednesday. The charges stem from claims that he killed several unarmed Afghan civilians during his service between 2009 and 2012.

Defamation Case Highlights Controversy

A 2023 defamation ruling established that Roberts-Smith, a recipient of the Victoria Cross, had slain multiple unarmed individuals. Despite this, the 47-year-old insists he is innocent and has labeled the accusations as “egregious” and “spiteful.” The civil case marked the first instance where a court scrutinized potential war crimes committed by Australian forces.

“It will be alleged the victims were shot by the accused or by subordinates of the Australian Defence Force (ADF) in the presence of, and following orders from, the accused,” said Commissioner Krissy Barrett of the Australian Federal Police (AFP).

Brereton Report and the Office of the Special Investigator

In 2020, the Brereton Report revealed “credible evidence” that elite Australian soldiers had unlawfully killed 39 individuals in Afghanistan, prompting an investigation into 19 service members. A dedicated team, the Office of the Special Investigator (OSI), was formed to examine these claims. To date, only one other person has been charged under this probe.

“The OSI has been tasked with investigating dozens of murders alleged to have occurred in a war zone 9,000 kilometers from Australia,” noted Ross Barnett, head of investigations at OSI. “We lack access to the crime scenes, photographs, site plans, and physical evidence like blood spatter analysis or recovered projectiles.”

A Seven-Year Legal Battle

Roberts-Smith’s case has spanned seven years, costing millions, and has been dubbed Australia’s “trial of the century.” While he initially contested the allegations as politically motivated, a Federal Court judge ruled that he had participated in at least four murders. This decision was upheld during an appeal in 2023. The judge also found that Roberts-Smith had ordered the execution of two unarmed men to intimidate recruits and was involved in the deaths of a handcuffed farmer and a Taliban fighter, whose prosthetic leg was later used as a drinking vessel.

Political Neutrality and Public Perception

Prime Minister Anthony Albanese emphasized the need for political neutrality, stating he would not comment on the case while it is under judicial review. Earlier, in 2018, Roberts-Smith was celebrated as a national hero for single-handedly defending his SAS unit from Taliban attacks. His legal team has since worked to reverse the findings, but the courts have confirmed the accusations against him.

Barrett added that the misconduct claims target a “very small section” of the Australian Defense Force (ADF), which she described as “trusted and respected.” The ADF’s reputation, she noted, remains largely intact despite the allegations.