Australia’s most-decorated living soldier arrested over alleged war crimes
Australia’s Top Decorated Soldier Faces War Crimes Charges
A former Australian Defence Force member, widely recognized as the nation’s most decorated living soldier, has been apprehended and is set for court proceedings on Tuesday. The 47-year-old, Ben Roberts-Smith, was detained at Sydney Airport and is accused of five counts of murder related to actions taken in Afghanistan between 2009 and 2012. The allegations stem from a defamation ruling in 2023 that concluded Roberts-Smith had killed several unarmed Afghans.
Roberts-Smith, a Victoria Cross recipient and former Special Air Service corporal, maintains he is innocent and has labeled the accusations as “egregious” and “spiteful.” The legal case against him has not yet reached the criminal stage, though it marks the first time a court has reviewed claims of war crimes by Australian military personnel.
Legal Battle and Historical Context
The case emerged from a 2018 investigation by Nine newspapers, which initially exposed the allegations. At that time, Roberts-Smith was celebrated as a national hero for his heroic actions during a Taliban attack in 2012. To defend himself, he initiated a high-profile legal dispute spanning seven years, costing millions, and dubbed by some as Australia’s “trial of the century.”
“It will be alleged the victims were shot by the accused or shot 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.
In 2020, the Brereton Report highlighted “credible evidence” of 39 unlawful killings by elite Australian soldiers in Afghanistan, leading to investigations into 19 individuals. A specialist team, the Office of the Special Investigator (OSI), was established for this purpose. To date, only one other person has been charged under this inquiry.
Alleged Crimes and Judicial Findings
Roberts-Smith’s arrest follows a Federal Court ruling that found him responsible for at least four murders, a decision upheld on appeal. The judge determined that he had ordered the execution of unarmed men to “blood” junior soldiers and was involved in the deaths of a handcuffed farmer and a Taliban fighter. The farmer was reportedly pushed off a cliff, while the Taliban’s prosthetic leg was used as a trophy and later as a drinking vessel by troops.
“The OSI has been tasked with investigating dozens of murders alleged to have occurred in a war zone 9,000 kilometers from Australia,” stated Ross Barnett, director of investigations at OSI. “Without access to crime scenes or physical evidence like photographs and blood spatter analysis, this is a significant step in challenging circumstances.”
