SAS Veteran's Historic War Crime Murder Charge Proceeds to Trial
Oliver Schulz, a decorated SAS veteran, has become the first member of the Australian Defence Force to be charged with the war crime of murder under domestic law. The 44-year-old former trooper stands accused of shooting an Afghan father-of-two during a 2012 operation in southern Afghanistan's Uruzgan province.
Alleged Incident Captured on Video
Footage broadcast in a 2020 episode of ABC's Four Corners allegedly shows Schulz and his squad approaching 25-year-old Dad Mohammad in a wheat field. The video, presented during a May 2023 committal hearing, reportedly captures Schulz asking three times: "Do you want me to drop this c***?" before allegedly firing three shots at close range. The victim was reportedly lying on his back with raised knees and outstretched hands, one holding prayer beads.
Schulz, who received the Commendation for Gallantry for his Afghanistan service, was arrested in Goulburn in the NSW Southern Highlands and formally charged in 2023. He pleaded not guilty in October last year, with his trial scheduled for February 2025 in the NSW Supreme Court.
Broader War Crimes Investigation Context
The allegations against Schulz form part of a comprehensive investigation by the Australian Federal Police and Office of the Special Investigator, encompassing 53 inquiries into alleged ADF war crimes in Afghanistan. Currently, 39 investigations remain inactive pending further evidence, while ten ongoing investigations examine potential breaches of the Laws of Armed Conflict.
This investigation recently expanded with Tuesday's arrest of Ben Roberts-Smith, Australia's most decorated soldier and Victoria Cross recipient, who faces five counts of war crime murder. Roberts-Smith has consistently denied any wrongdoing throughout his military service.
Establishing Critical Legal Precedents
With Schulz's trial expected to commence in 2027, potentially preceding Roberts-Smith's case, significant questions emerge regarding legal process implementation. Murdoch University history lecturer Paul Taucher emphasized in The Conversation that this trial will "set an important precedent for future cases."
The proportionality principle represents a crucial legal consideration. Under Australian law, murder as a war crime charges can be dismissed if the defence demonstrates that death was both unexpected and proportional to achieving genuine military objectives. Taucher noted that "the definition of proportionality in war crimes trials has not been settled," meaning the Schulz trial will likely address boundaries between clearly proportional actions, disproportionate responses, and ambiguous situations.
Demonstrating Accountability Under International Law
Beyond proportionality, the trial establishes another vital precedent: that "Australian soldiers are not above international law." Taucher explained that "the Schulz trial provides the government a chance to apply war crimes law consistently and fairly," offering an opportunity to demonstrate that Australia's commitment to international legal standards extends beyond rhetoric to practical enforcement.
By clearly showing that decorated soldiers like Schulz face prosecution when allegations arise, the government can reinforce Australia's longstanding dedication to international legal frameworks and military accountability.
