Australia's Most Decorated Soldier Arrested Over Afghan War Crimes Allegations
Ben Roberts-Smith, a 47-year-old former Australian Defence Force member and recipient of the prestigious Victoria Cross, has been arrested at Sydney airport and is expected to be charged with five counts of war crime murders. The arrest follows a complex investigation by Australian federal police and the Office of the Special Investigator.
Details of the Allegations and Arrest
Roberts-Smith was apprehended at the domestic terminal after arriving on a flight from Brisbane. Australian Federal Police commissioner Krissy Barrett stated that the charges relate to the alleged murder of five unarmed Afghan nationals between 2009 and 2012, who were not participating in hostilities at the time. The maximum penalty for each charge is life imprisonment.
According to authorities, it will be alleged that the victims were shot by Roberts-Smith or by subordinate members of the ADF acting on his orders. The investigation, described as thorough and meticulous, has been ongoing since 2021.
Background of the Case and Legal Proceedings
In 2018, several Australian newspapers published allegations that Roberts-Smith had committed war crimes in Afghanistan, including murdering civilians and ordering executions while serving in the Special Air Service Regiment. Roberts-Smith sued for defamation, claiming the reports falsely portrayed him as a criminal.
However, the court ultimately sided with the newspapers on the civil standard of balance of probabilities, finding key allegations substantially true. Among the most serious findings were that in 2012, he kicked a detained Afghan man off a cliff and ordered a subordinate to shoot him dead, and that during a 2009 raid, he ordered the execution of an unarmed elderly man and personally killed a disabled detainee.
Evidence also emerged of soldiers allegedly treating a prosthetic leg taken from a victim as a trophy. In September last year, the High Court declined to hear his appeal against a federal judge's civil court finding that Roberts-Smith likely killed non-combatants unlawfully.
Reactions and Broader Context
Prime Minister Anthony Albanese refused to comment on the case, stating that any remarks could prejudice the legal matter now before the courts. Roberts-Smith has called the allegations egregious and spiteful, while some of his SASR colleagues are calling for him to become the first Victoria Cross winner to be stripped of the award.
Roberts-Smith has been financially supported by Australian billionaire Kerry Stokes, whose media business Seven West Media is a rival of Nine Entertainment, which published the original articles. Stokes has publicly defended Roberts-Smith, calling him innocent and criticizing journalists involved.
Around 39,000 Australian soldiers served in Afghanistan, with 41 killed. The case highlights ongoing scrutiny of military conduct during the conflict and sets a significant precedent for accountability.
