Australia’s Most Decorated Soldier Charged with War Crimes in Afghanistan

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Australia’s most-decorated living soldier, Ben Roberts-Smith, has been charged over allegations of committing war crimes while serving in Afghanistan. The 47-year-old former corporal of the Special Air Service Regiment (SAS) was arrested at Sydney airport on Tuesday and is facing five counts of the war crime of murder. He is being held overnight in custody ahead of a bail hearing on Wednesday.

Roberts-Smith, a Victoria Cross recipient, left the Australian Defence Force (ADF) in 2013. He denies all wrongdoing, describing the allegations as “egregious” and “spiteful.” These charges follow a 2023 civil defamation judgement, which found, on the balance of probabilities, that he had killed several unarmed Afghans. The civil trial was the first in Australia’s history to examine claims of war crimes by Australian forces. Roberts-Smith had argued that the alleged killings were either lawful combat actions or did not occur, but last year lost an appeal against the Federal Court ruling.

The Australian Federal Police (AFP) confirmed at a Sydney news conference that Roberts-Smith would be charged with one count of murder, one of jointly commissioning murder, and three counts of aiding, abetting, counselling, or procuring a murder. Commissioner Krissy Barrett stated that the victims “will be alleged to have been shot by the accused or by subordinate members of the ADF in his presence and under his orders.”

The charges are connected to incidents between 2009 and 2012 in Afghanistan. They come in the wake of the Brereton Report of 2020, which found “credible evidence” that elite Australian soldiers had unlawfully killed 39 people and recommended investigations into 19 ADF members. The Office of the Special Investigator (OSI) was established to conduct these investigations; Roberts-Smith is the second person to face criminal charges under this inquiry. Ross Barnett, OSI’s director of investigations, called the arrest a “significant step” under “challenging circumstances.”

Prime Minister Anthony Albanese said he would not comment on the case, emphasizing the need to avoid political interference while proceedings are underway. Meanwhile, the Australian War Memorial has announced it will review its exhibit on Roberts-Smith, which includes his uniform and medals, to reflect the ongoing legal developments.

Roberts-Smith was once celebrated as a national hero for his extraordinary bravery, including single-handedly overcoming Taliban fighters attacking his SAS platoon. The allegations first surfaced in 2018, when Nine newspapers reported on his alleged actions. In response, he engaged in a high-profile legal battle lasting seven years and costing millions, widely described as Australia’s “trial of the century.”

Federal Court judge Anthony Besanko found that Roberts-Smith had twice ordered unarmed men to be shot to “blood” rookie soldiers and had been involved in the deaths of a handcuffed farmer he pushed off a cliff and a captured Taliban fighter whose prosthetic leg was taken as a trophy and later used by troops as a drinking vessel. These incidents, the court ruled, formed the basis of the civil case, and now underpin the criminal charges Roberts-Smith faces.

The trial marks a historic moment for accountability in the Australian military, raising serious questions about conduct in combat and the responsibilities of highly decorated personnel.