Ben Roberts-Smith, Australia’s most decorated living veteran, is facing war crimes charges for allegedly killing five unarmed Afghan individuals during his service in 2009 and 2012, as reported by police and various media outlets on Tuesday.
While police have not officially confirmed his identity, it is widely believed that the 47-year-old arrested is Roberts-Smith—a former corporal in the Special Aviation Regiment, who has received both the Victoria Cross and the Medal for Bravery for his actions in Afghanistan.
He is expected to appear in a Sydney court either on Tuesday or later on Wednesday.
Roberts-Smith is notably the second Australian veteran from the Afghanistan conflict to face such charges.
Another former SAS soldier, Oliver Schultz, aged 44, has pleaded not guilty to charges of murdering an Afghan man named Papa Mohammad, whom he is accused of shooting in May 2012.
Murder as a war crime in Australia is a serious charge and can result in life imprisonment. It is defined as the deliberate killing of individuals not actively involved in hostilities during armed conflict, including civilians and prisoners of war.
Australian Federal Police Commissioner Chrissy Barrett stated that Roberts-Smith was arrested at Sydney Airport after arriving from Brisbane.
“It will be argued that the victims were not involved in hostilities at the time of the alleged killings,” Barrett explained. “They were reportedly detained, unarmed, and under Australian Defense Force control.” Barrett further indicated that the allegations suggest the victims were either shot by Roberts-Smith or in the presence of him and killed by other ADF personnel acting on his orders.
In September, Australia’s Supreme Court effectively closed the door on Roberts-Smith’s appeal against a previous ruling which indicated he may have unlawfully killed four Afghans, rejecting his case unanimously.
In 2018, he launched a defamation lawsuit against media outlets that published claims of his involvement in war crimes.
Although a civil court found evidence suggesting the war crime allegations were likely true, the burden of proof in a criminal court is higher, requiring evidence beyond a reasonable doubt.
These latest charges stem from a 2020 military report that revealed evidence of elite Australian SAS and Special Forces units being involved in the illegal killings of 39 Afghan prisoners and non-combatants.
Commissioner Barrett noted that only a small number of soldiers are implicated in these new allegations, emphasizing that the majority of ADF members serve with honor and uphold the values of democracy.
The Office of Special Investigations has been set up to work alongside police regarding suspected war crimes, with chief of investigations Ross Barnett indicating that while 53 war crimes charges were looked into, 39 cases were closed without charges. Over 40,000 Australian military personnel served in Afghanistan between 2001 and 2021, during which 41 lives were lost.
