Ben Roberts-Smith Arrested on War Crime Allegations
Former Australian soldier Ben Roberts-Smith has been arrested at Sydney airport in connection with alleged war crimes committed during his service in Afghanistan. The Australian Federal Police and the Office of the Special Investigator announced the details of the investigation on Tuesday, stating that Roberts-Smith is expected to be charged with five counts of war crime murder, which carry a maximum penalty of life imprisonment.
Background and Legal Proceedings
Roberts-Smith, a Victoria Cross recipient and once celebrated as Australia's most decorated living soldier, previously attempted to sue three newspapers—the Age, the Sydney Morning Herald, and the Canberra Times—over allegations that he murdered unarmed civilians and bullied comrades while serving in the Australian SAS. In a high-profile defamation trial, a judge found to the civil standard of the balance of probabilities that Roberts-Smith committed four murders. He lost his appeal to the full bench of the federal court, and the high court refused to hear a further appeal, though he has repeatedly denied any wrongdoing.
Specific Allegations and Court Findings
The court found that in 2012, during a mission to the village of Darwan, Roberts-Smith marched a handcuffed man named Ali Jan to a cliff edge, kicked him off, and then ordered a subordinate soldier to shoot him after he survived the fall. In another incident in 2009, at a compound code-named Whiskey 108, Roberts-Smith allegedly ordered the execution of an elderly man and killed a disabled man by firing a machine gun into his body. The prosthetic leg of the disabled man was later used as a drinking vessel by SAS troops.
Political and Public Response
Prime Minister Anthony Albanese declined to comment on the arrest, citing the need to avoid prejudicing the legal matter. Roberts-Smith, who was awarded the Victoria Cross for gallantry in 2010 and served as chair of the Australia Day council, now faces a court appearance scheduled for Tuesday afternoon. This case follows the earlier charge of another former SAS soldier, Oliver Schulz, for war crimes in 2023.
