Australia’s most-decorated soldier arrested over alleged war crimes
Australia’s Most Decorated Soldier Arrested Over War Crimes Allegations
Ben Roberts-Smith, the most highly decorated living member of the Australian Defence Force, has been taken into custody following accusations of war crimes in Afghanistan. The 47-year-old, who retired in 2013, was arrested at Sydney airport and is set to appear in court on Tuesday, facing five charges of murder. The case marks a pivotal moment as it is the first time a court has scrutinized claims of war crimes involving Australian military personnel.
A Defamation Judgment and Legal Denials
In 2023, a civil ruling concluded that Roberts-Smith, a former Special Air Service corporal and Victoria Cross recipient, had killed multiple unarmed Afghans. Despite the finding, he maintains innocence, calling the accusations “egregious” and “spiteful.” The charges, which have not yet reached a criminal level of assessment, are part of a broader examination of military conduct during the conflict.
“It will be alleged the victims were shot by the accused or by subordinate members of the ADF while under his command,” said Commissioner Krissy Barrett of the Australian Federal Police.
Roberts-Smith previously contested the claims, asserting the killings occurred either lawfully in combat or did not occur at all. His legal team lost an appeal against the Federal Court’s ruling last year. Barrett emphasized that the misconduct allegations are limited to a small fraction of the ADF, which she described as “trusted and respected.”
The Brereton Report and Investigative Efforts
In 2020, the Brereton Report uncovered “credible evidence” of 39 unlawful deaths linked to elite Australian soldiers in Afghanistan. This led to the creation of the Office of the Special Investigator (OSI), a dedicated team tasked with reviewing these incidents. To date, the OSI has charged only one other individual besides Roberts-Smith. Ross Barnett, director of investigations at OSI, called the arrest a “significant step” amid “challenging circumstances,” highlighting the difficulties of conducting remote investigations in a war zone 9,000 kilometers away.
“We can’t go to that country, we don’t have access to the crime scenes… We don’t have photographs, site plans, or blood spatter analysis,” Barnett explained.