Australia’s most-decorated soldier arrested over alleged war crimes
Australia’s Most-Decorated Soldier Arrested Over Alleged War Crimes
Ben Roberts-Smith, a former Australian Special Air Service (SAS) corporal and recipient of the Victoria Cross, has been taken into custody following accusations of war crimes in Afghanistan. The 47-year-old, who retired from the military in 2013, was arrested at Sydney airport and is set to appear in court on Tuesday. He faces five charges of murder, allegedly committed while serving in the country between 2009 and 2012.
A 2023 defamation ruling determined that Roberts-Smith was responsible for the deaths of multiple unarmed Afghan civilians. Despite this, he maintains his innocence, labeling the claims as “egregious” and “spiteful.” The civil trial marked the first legal review of war crime allegations involving Australian forces. Roberts-Smith previously contested the accusations, arguing the incidents occurred within legal combat parameters or did not happen at all. His appeal against the Federal Court’s findings was dismissed last year.
“It will be alleged the victims were shot by the accused or by junior ADF members under his command during operations in Afghanistan,” stated Commissioner Krissy Barrett of the Australian Federal Police (AFP) at a Sydney press conference. The AFP confirmed the arrest of a 47-year-old ex-soldier, emphasizing the charges relate to killing unarmed detainees.
The Brereton Report, a 2020 investigation, identified “credible evidence” of 39 unlawful deaths in Afghanistan by elite Australian troops, leading to 19 individuals being scrutinized. A dedicated team, the Office of the Special Investigator (OSI), was established to probe these cases. To date, only one other person has been charged under this initiative.
Ross Barnett, head of investigations at the OSI, described Roberts-Smith’s arrest as a “significant step” amid complex circumstances. “We investigate dozens of murders alleged to have taken place in a war zone 9,000 kilometers from Australia,” he noted. “Without direct access to the scene, we rely on limited evidence like photographs, site plans, and forensic data.”
Commissioner Barrett highlighted that misconduct accusations target “a small part” of the Australian Defence Force (ADF), which she praised for its overall integrity. “The majority of the ADF do our country proud,” she added, underscoring the broader trust in the military despite these allegations.