In a significant development, Australia’s most honored veteran, Ben Roberts-Smith, faces serious accusations related to his actions during his military service in Afghanistan. The former Special Air Service Regiment corporal, who received both the Victoria Cross and Medal of Gallantry, is reported to be charged with the murder of five unarmed Afghan individuals, according to police and media sources.
While the police have yet to officially identify the 47-year-old detained on Tuesday, media reports widely indicate it is Roberts-Smith. The charges, which include five counts of war crime murder, were filed following his arrest at Sydney Airport after arriving from Brisbane. He is expected to remain in custody until his initial court appearance.
As only the second Australian veteran from the Afghanistan conflict to be charged with a war crime, Roberts-Smith’s allegations follow a backdrop of previous accusations. Former SAS soldier Oliver Schulz also faces similar charges, pleading not guilty to the murder of an Afghan man in 2012.
The charges carry a potential life sentence, defined under Australian federal law as the intentional killing of noncombatants during armed conflict. Australian Federal Police Commissioner Krissy Barrett explained that the victims were reportedly not engaged in hostilities when they were killed and were allegedly under the control of Australian Defense Force (ADF) members.
“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,” Barrett stated.
A civil court previously found allegations against Roberts-Smith credible during a defamation suit he initiated in 2018. The court concluded in 2023 that he likely unlawfully killed noncombatants in 2009 and 2012. However, criminal proceedings require proof beyond a reasonable doubt, which is a higher standard than that used in civil cases.
Journalist Nick McKenzie, who previously faced defamation actions from Roberts-Smith, anticipates that SAS colleagues will provide testimony, as they did during the civil proceedings. McKenzie noted the challenges faced by these witnesses due to the secretive nature of the elite fighting force.
The charges have emerged in the wake of a 2020 military report that uncovered evidence of unlawful killings by Australian troops in Afghanistan. Despite the gravity of these revelations, Barrett emphasized that these charges are not reflective of the broader conduct of the ADF.
The Office of the Special Investigator has been tasked with examining war crime allegations, concluding investigations on 39 out of 53 reported incidents without charges. Over two decades, approximately 40,000 Australian military personnel served in Afghanistan, with 41 fatalities recorded.
