Australia's Most Decorated Veteran Held Without Bail on Afghan War Crime Charges
Australia's most decorated living veteran, Ben Roberts-Smith, did not apply for bail when war crime murder charges against him were listed in a Sydney court on Wednesday. The 47-year-old former Special Air Service corporal remains behind bars following his arrest at Sydney Airport on Tuesday morning.
Serious Allegations from Afghanistan Service
Roberts-Smith faces serious allegations relating to the deaths of five Afghan people during his service in Afghanistan in 2009 and 2012. Police allege he either shot his victims directly or ordered a subordinate to shoot them. The charges laid in court on Wednesday include two counts of war crime murder and three counts of aiding or abetting a war crime murder.
All charges carry the same potential maximum sentence of life imprisonment under Australian law. War crime murder is defined in Australian legislation as the intentional killing of a person who is not taking active part in hostilities during armed conflict, including civilians, prisoners of war, or wounded soldiers.
Background of the Decorated Veteran
Roberts-Smith is one of Australia's most highly decorated soldiers, having received both the Victoria Cross and Medal of Gallantry for his service in Afghanistan. He served as an elite SAS corporal during Australia's military involvement in Afghanistan between 2001 and 2021, a conflict that saw approximately 40,000 Australian military personnel deployed, with 41 Australian fatalities.
The charges follow a 2020 military report that found evidence suggesting elite Australian Special Air Service and commando regiment troops unlawfully killed 39 Afghan prisoners, farmers, and other noncombatants. Roberts-Smith is only the second Australian veteran of the Afghanistan campaign to face war crime charges.
Court Proceedings and Legal Context
Roberts-Smith did not appear in court either in person or by video link on Wednesday, having spent the night in jail following his arrest. His lawyers did not enter pleas to the charges or apply for his release on bail during the hearing. The case has been adjourned until June 4 for further proceedings.
This criminal case follows civil court proceedings in which similar allegations against Roberts-Smith were found credible. In 2023, a federal judge rejected Roberts-Smith's defamation claims against newspapers that had published articles accusing him of war crimes in 2018. The judge ruled that Roberts-Smith likely killed four noncombatants unlawfully in 2009 and 2012.
However, while the civil court found the war crimes allegations were mostly proven on a balance of probabilities, the current criminal charges would need to be proved to the higher standard of beyond reasonable doubt.
Broader Context of Australian War Crime Investigations
The case against Roberts-Smith represents part of a broader investigation into alleged war crimes committed by Australian forces in Afghanistan. Former SAS soldier Oliver Schulz has also been charged with war crime murder and has pleaded not guilty. Schulz is accused of shooting Afghan man Dad Mohammad three times in the head in an Uruzgan province wheat field in 2012.
Prosecutors and defense lawyers have indicated that Schulz's trial is unlikely to be held before 2027, suggesting these complex war crime cases may take years to resolve through the Australian legal system.
The charges against Roberts-Smith mark a significant development in Australia's reckoning with alleged misconduct during its two-decade military involvement in Afghanistan, particularly involving elite special forces units.
