Australia’s most-decorated living soldier arrested over alleged war crimes
Australia’s Most-Decorated Soldier Arrested for War Crimes Allegations
Ben Roberts-Smith, the nation’s top-decorated active-duty soldier, has been taken into custody following accusations of war crimes committed during his service in Afghanistan. The 47-year-old, who retired from the military in 2013, was detained at Sydney airport and is set to appear in court on Tuesday facing five murder charges. The allegations claim he killed several unarmed Afghan civilians, a finding that emerged from a defamation case in 2023.
Roberts-Smith, a Victoria Cross recipient and former Special Air Service (SAS) corporal, has consistently denied any wrongdoing. He described the accusations as “egregious” and “spiteful,” emphasizing that they have not yet been evaluated under criminal standards. The civil trial marked the first time a court in history examined claims of war crimes by Australian forces, according to the Australian Federal Police (AFP).
“It will be alleged the victims were shot by the accused or by subordinates of the Australian Defence Force (ADF) while under his command,” stated Commissioner Krissy Barrett at a news conference on Tuesday. “The accused gave orders for the killings to occur in a war zone far from home.”
The Brereton Report, released in 2020, revealed “credible evidence” of 39 unlawful deaths attributed to elite Australian soldiers in Afghanistan. This report prompted the establishment of the Office of the Special Investigator (OSI), a dedicated team tasked with probing these incidents. To date, the OSI has charged only one other individual in connection with the allegations.
Ross Barnett, director of investigations at the OSI, called Roberts-Smith’s arrest a “significant step” amid “challenging circumstances.” He highlighted the difficulties faced by investigators, noting the lack of access to crime scenes, photographs, and physical evidence like blood spatter analysis or recovered projectiles. “We can’t visit the country, and the deceased are no longer available for examination,” Barnett explained.
Prime Minister Anthony Albanese declined to comment on the case, stressing the importance of judicial independence. “Political engagement should be avoided until the courts have made their determination,” he said. The controversy gained traction in 2018 when nine newspapers first reported the claims, positioning Roberts-Smith as a national hero for his heroics in Afghanistan.
Roberts-Smith launched a high-profile defense, spanning seven years and costing millions, to clear his name. The case, dubbed Australia’s “trial of the century,” culminated in a Federal Court ruling that found he participated in at least four murders. This decision was upheld on appeal. The judge also noted that Roberts-Smith had ordered the execution of unarmed men to “blood” junior soldiers and was involved in the fatal fall of a handcuffed farmer and the trophy-taking of a Taliban fighter’s prosthetic leg.
