Ex-Soldier Indicted for Five Alleged War Crime Murders During Afghanistan Deployment

Ben Roberts-Smith, Australia’s most decorated living veteran, arrested and charged with five counts of war crime murder

Sydney, Australia – Ben Roberts-Smith, a former Special Air Service Regiment corporal and recipient of the Victoria Cross and Medal of Gallantry, has been arrested and charged with five counts of war crime murder. The allegations, reported by police and media on Tuesday, involve the alleged killings of five unarmed Afghans between 2009 and 2012 while Roberts-Smith was serving in Afghanistan.

Australian Federal Police Commissioner Krissy Barrett confirmed Roberts-Smith’s arrest at Sydney Airport on Tuesday, stating that the victims were allegedly detained, unarmed, and under the control of ADF members when they were killed. These charges follow a civil court’s finding in 2023 that Roberts-Smith likely unlawfully killed four noncombatants, a ruling he failed to overturn on appeal.

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The Office of the Special Investigator, led by director of investigations Ross Barnett, has been instrumental in examining war crime allegations, with 53 investigated and 39 concluded without charges. Meanwhile, fellow former SAS soldier Oliver Schulz also faces a war crime murder charge.

Journalist Nick McKenzie, who has extensively investigated these allegations, anticipates that SAS colleagues will testify in the criminal trial, a process he describes as incredibly difficult for those involved. The charges are underpinned by a 2020 military report that found evidence of unlawful killings by elite Australian troops. Commissioner Barrett stressed that the alleged conduct is confined to a small section of the ADF, emphasizing that the overwhelming majority of service members uphold the nation’s values with honor and distinction.

In a development that has sent shockwaves through Australia and beyond, Ben Roberts-Smith, the nation’s most decorated living veteran, is reportedly facing charges of war crimes, including the alleged murder of five unarmed Afghan civilians. The allegations, which stem from his service in Afghanistan between 2009 and 2012, have cast a dark shadow over the legacy of a man once lauded as a national hero.

While police have yet to officially confirm the identity of the 47-year-old former soldier arrested on Tuesday, media outlets have widely identified him as Roberts-Smith. A former corporal in the elite Special Air Service Regiment (SAS), Roberts-Smith’s distinguished military career was marked by exceptional bravery, earning him both the Victoria Cross and the Medal of Gallantry for his actions in Afghanistan.

Police confirmed on Tuesday that the individual arrested faces five counts of murder under war crime provisions. The former soldier is being held in custody and is scheduled to make his first court appearance on Wednesday, where he is expected to apply for bail.

This case marks a significant moment in Australian military history, as Roberts-Smith is only the second Australian veteran of the Afghanistan campaign to be charged with such serious offenses. His arrest follows that of another former SAS soldier, Oliver Schulz, 44, who has pleaded not guilty to a charge of war crime murder. Schulz is accused of fatally shooting an Afghan man, Dad Mohammad, multiple times in the head in a wheat field in Uruzgan province in May 2012.

The charge of war crime murder carries the gravvy of a potential life sentence in prison. In Australia, this crime is defined as the intentional killing of a person who is not actively participating in hostilities. This includes civilians, prisoners of war, or wounded soldiers, all within the context of an armed conflict. The unfolding legal proceedings against Roberts-Smith promise to be a deeply scrutinized and closely watched affair, raising profound questions about accountability, justice, and the realities of modern warfare.

From Battlefield to Courtroom: War Hero Ben Roberts-Smith Faces Criminal Charges Amidst Harrowing Allegations

The story of Ben Roberts-Smith, once lauded as Australia’s most decorated soldier, has taken a dramatic turn as he was arrested at Sydney Airport on Tuesday, following his arrival from Brisbane. The charges stem from harrowing allegations of war crimes committed during his deployments in Afghanistan, painting a stark contrast to the heroic image he once embodied.

Australian Federal Police Commissioner Krissy Barrett revealed the gravity of the accusations, stating, “It will be alleged that the victims were not taking part in hostilities at the time of their alleged murder in Afghanistan. It will be alleged the victims were detained, unarmed and were under the control of ADF members when they were killed.” These alleged murders, according to Barrett, occurred in 2009 and 2012.

The new criminal charges echo findings from a civil defamation suit brought by Roberts-Smith himself after newspapers published articles in 2018 detailing accusations of war crimes. In a landmark ruling in 2023, a federal judge found these allegations credible, determining that Roberts-Smith had likely unlawfully killed four noncombatants. While the civil court’s standard of proof was a “balance of probabilities,” the upcoming criminal trial will demand a higher standard: “beyond reasonable doubt.”

Roberts-Smith’s attempts to overturn the civil ruling were ultimately unsuccessful, with Australia’s High Court deciding in September not to hear his appeal.

The investigation and subsequent charges have been spearheaded by investigative journalist Nick McKenzie, who has been pursuing these allegations since 2017. McKenzie anticipates that former SAS colleagues of Roberts-Smith will provide testimony in the criminal trial, much as they did during the civil proceedings. He highlighted the immense bravery of these soldiers, many of whom served alongside Roberts-Smith in Afghanistan.

“You’re investigating conduct allegedly taken by some members of the most secretive, elite fighting force Australia has,” McKenzie told Australian Broadcasting Corp. “The journalism task is difficult. What’s been really difficult, though, is those brave SAS witnesses.” He described the profound emotional toll these soldiers endured, with some breaking down after testifying about witnessing actions that made them deeply uncomfortable. “For them to come forward and say: ‘Well, we served our country bravely like Ben Roberts-Smith did, alongside him in Afghanistan, but we saw things with our own eyes that we feel uncomfortable about.'”

These criminal charges follow a comprehensive military report released in 2020, which substantiated evidence of unlawful killings of 39 Afghan prisoners, farmers, and other noncombatants by elite Australian SAS and commando regiment troops. Commissioner Barrett noted that a limited number of soldiers are implicated in the current allegations.

The unfolding legal battle promises to be a protracted and deeply scrutinized process, not only for Ben Roberts-Smith but also for the Australian military and the nation’s understanding of its wartime conduct. The courage of whistleblowers and the pursuit of justice in the face of immense pressure remain central themes as this complex narrative continues to develop.

In a recent statement that sought to contextualize a series of serious charges brought against members of the Australian Defence Force (ADF), Major General Susan C. Barrett emphasized that the alleged misconduct represents a narrow aberration within a much larger and highly commendable institution. “The alleged conduct related to these charges is confined to a very small section of our trusted and respected ADF which helps keep this country safe,” Major General Barrett stated, aiming to reassure the public and differentiate the actions of a few from the exemplary service of the many.

She further elaborated on this sentiment, asserting, “The overwhelming majority of our ADF do our country proud. Today’s charges are not reflective of the majority of members who serve under our Australian flag with honor, with distinction and with the values of a democratic nation.” This assertion underscores a commitment to upholding the integrity and reputation of the ADF, suggesting that the current legal proceedings, while serious, should not cast a shadow over the dedication and valor displayed by the vast majority of service members.

The Office of the Special Investigator (OSI), an entity established to liaunt with police on matters of alleged war crimes, has been at the forefront of these investigations. The director of investigations for the OSI, Ross Barnett, provided an overview of their work, noting that out of a significant number of allegations, a substantial portion has been thoroughly investigated. According to Barnett, “allegations of 53 war crimes had been investigated and 39 of those investigations had concluded without charges.” This indicates a rigorous vetting process, where not all allegations have led to formal charges, a point that may be crucial in understanding the scope and outcome of the OSI’s comprehensive review.

These investigations stem from Australia’s long and complex involvement in Afghanistan, where approximately 40,000 Australian military personnel served between 2001 and 2021. This extensive deployment, while critical to international security efforts, also came at a significant cost, with 41 Australian service members losing their lives during the conflict. The ongoing legal processes, therefore, occur against a backdrop of profound sacrifice and dedication by the ADF in a challenging and protracted theater of operations. The OSI’s work, as highlighted by Major General Barrett and Ross Barnett, aims to ensure accountability while preserving the honor of the institution and the sacrifices made by its members.

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