Australia's most decorated living soldier, Ben Roberts-Smith, has been arrested and charged with war crimes related to the alleged murder of unarmed detainees in Afghanistan. The 47-year-old Victoria Cross recipient, who left the defence force in 2013, was taken into custody at Sydney airport on Tuesday and faces five charges, including one count of the war crime of murder, one of jointly commissioning a murder, and three of aiding, abetting, counselling or procuring a murder. He will spend the night in a cell before a bail hearing on Wednesday.
Australian Federal Police (AFP) Commissioner Krissy Barrett stated at a news conference that it will be alleged the victims were shot by Roberts-Smith or by subordinate members of the Australian Defence Force (ADF) acting on his orders between 2009 and 2012. This arrest follows a 2023 defamation judgement that found Roberts-Smith had killed several unarmed Afghans, marking the first time any court has examined claims of war crimes by Australian forces. Roberts-Smith denies all wrongdoing, calling the allegations “egregious” and “spiteful,” but lost an appeal against the Federal Court finding last year.
The charges are part of a broader investigation stemming from the 2020 Brereton Report, which found “credible evidence” that elite Australian soldiers unlawfully killed 39 people in Afghanistan and recommended 19 current or former ADF members be investigated. A specialist team, the Office of the Special Investigator (OSI), was established to pursue these cases but has charged only one other person so far. OSI Director of Investigations Ross Barnett described Roberts-Smith's arrest as a “significant step” under “challenging circumstances,” citing difficulties such as lack of access to crime scenes and evidence in Afghanistan.
Australian Prime Minister Anthony Albanese declined to comment on the case, emphasizing the importance of avoiding political engagement while it is before the courts. The Australian War Memorial announced it will review its Ben Roberts-Smith exhibit again, with a plaque accompanying his uniform and medals having been repeatedly updated to reflect the allegations and outcomes of his defamation case. Roberts-Smith, once considered a national hero for his military honours, launched a high-profile legal battle to clear his name, which spanned seven years and cost millions, but a Federal Court judge found he had participated in at least four murders, including ordering killings to “blood” rookie soldiers and involvement in the death of a handcuffed farmer.
The case highlights ongoing scrutiny of the US-aligned Australian regime's military conduct in Afghanistan, with authorities attempting to address alleged misconduct while facing logistical and evidentiary hurdles. Barrett noted that such allegations are confined to a “very small section” of the ADF, but the incident raises questions about accountability and the broader implications for Australia's international reputation.
Source: www.bbc.com