Australia’s Most Honored Veteran Faces War Crime Charges
Ben Roberts-Smith, Australia’s most highly decorated serving soldier, has been charged with five counts of war crime, including murder, following allegations of misconduct during his time in Afghanistan. The 47-year-old, who retired from the defense force in 2013, was detained at Sydney airport on Tuesday and will appear in court to address the accusations. He is expected to remain overnight in custody prior to a bail hearing on Wednesday.
From Hero to Accused
Roberts-Smith, a Victoria Cross recipient, had previously been celebrated as a national hero for single-handedly defending his SAS unit from Taliban attacks. However, a defamation ruling in 2023 revealed he had killed multiple unarmed Afghans, leading to a criminal charge. The former SAS corporal denies all wrongdoing, calling the allegations “egregious” and “spiteful.” He claims the incidents either occurred legally during combat or did not happen at all.
“It will be alleged the victims were shot by the accused or by subordinate members of the ADF in the presence of, and acting on the orders of, the accused,” said Commissioner Krissy Barrett of the Australian Federal Police.
Investigation and Legal Struggles
A specialist unit, the Office of the Special Investigator (OSI), was established to probe war crimes by Australian forces. This team has charged only one other individual so far. Roberts-Smith’s arrest marks a pivotal moment in the investigation, which faces challenges due to limited access to Afghanistan. “We can’t go to that country, we don’t have photographs, site plans, or blood spatter analysis,” noted Ross Barnett, the OSI’s director of investigations.
The Brereton Report of 2020 identified “credible evidence” of 39 unlawful killings by elite Australian troops in Afghanistan, prompting further scrutiny. Roberts-Smith’s case was the first to examine such claims in Australian history. After a seven-year legal battle costing millions, the Federal Court ruled that he had participated in at least four murders, a decision upheld on appeal.
“Anthony Besanko found that Roberts-Smith had twice ordered unarmed men to be shot dead to ‘blood’ rookie soldiers,” stated a court summary. “He was also involved in the death of a handcuffed farmer who was kicked off a cliff and a captured Taliban fighter whose prosthetic leg was used as a drinking vessel by troops.”
Political Neutrality and Public Reaction
Prime Minister Anthony Albanese emphasized the need for political neutrality, stating, “[It] is very important that there not be political engagement” while the case progresses. Earlier reports in 2018, which initially hailed Roberts-Smith as a hero, have since sparked controversy. The case has been dubbed Australia’s “trial of the century” due to its high-profile nature and extensive legal proceedings.
