Australia’s most-decorated living soldier arrested over alleged war crimes

Australia’s Most-Decorated Living Soldier Arrested Over Alleged War Crimes

Australia’s most decorated active-duty soldier has been apprehended and faces criminal charges related to suspected war crimes in Afghanistan. Ben Roberts-Smith, a former Special Air Service (SAS) corporal who received the Victoria Cross in 2012, was detained at Sydney airport and is set to appear in court on Tuesday. He is accused of five counts of murder, with the prosecution claiming he shot unarmed detainees during his service between 2009 and 2012.

Historic Civil Trial Examines War Crime Allegations

In 2023, a defamation ruling determined that Roberts-Smith, who retired from the military in 2013, had killed several unarmed Afghan civilians. The case marked the first time a court reviewed claims of war crimes by Australian forces. Despite the findings, Roberts-Smith insists he is innocent, calling the accusations “egregious” and “spiteful.” He maintains the incidents either occurred lawfully during combat or were not actual killings.

“It is alleged that the victims were shot by the accused or by subordinates of the Australian Defence Force in the presence of, and under the direction of, the accused,” said Commissioner Krissy Barrett of the Australian Federal Police (AFP) at a Tuesday news conference.

The arrest follows a landmark investigation initiated in 2020 by the Brereton Report, which uncovered “credible evidence” of 39 unlawful deaths linked to elite Australian troops in Afghanistan. This led to the formation of the Office of the Special Investigator (OSI) to probe the allegations. So far, the OSI has charged only one other individual in the case.

“The OSI has been tasked with examining dozens of murders alleged to have taken place in a war zone 9,000km from Australia,” stated Ross Barnett, head of investigations at OSI. “We lack access to crime scenes, photographs, site plans, and even the deceased themselves.”

Roberts-Smith, once hailed as a national hero, had previously faced a high-profile legal challenge to defend his reputation. The case, which spanned seven years and cost millions, was dubbed “Australia’s trial of the century” by some media. A Federal Court judge ruled that Roberts-Smith was involved in at least four murders, a decision later affirmed on appeal. The ruling included findings that he twice ordered unarmed men to be executed to “blood” junior soldiers and was linked to the death of a handcuffed farmer pushed off a cliff, as well as a captured Taliban fighter whose prosthetic leg was taken as a trophy and later used as a drinking vessel by troops.

Prime Minister Anthony Albanese declined to comment on the case on Tuesday, emphasizing the need for judicial proceedings to remain impartial. “Political engagement should not interfere with the legal process,” he stated.