Australia’s most-decorated living soldier arrested over alleged war crimes
Australia’s Most-Decorated Living Soldier Arrested Over Alleged War Crimes
In a surprising turn of events, the country’s most decorated living military veteran has been taken into custody on suspicion of war crimes committed in Afghanistan. Ben Roberts-Smith, who retired from the armed forces in 2013, was detained at Sydney airport and is scheduled to appear in court on Tuesday, facing five counts of murder. The case, which stems from a defamation ruling in 2023, claims he was responsible for the deaths of several unarmed Afghan civilians.
A History of Allegations and Denials
The 47-year-old former SAS corporal, who received the Victoria Cross for his valor during the 2009-2012 conflict, has consistently denied the accusations. He described the charges as “egregious” and “spiteful,” insisting they haven’t been validated at a criminal level. The civil trial marked the first historical instance of a court scrutinizing allegations of war crimes by Australian military personnel.
“It will be alleged the victims were shot by the accused or by subordinates of the ADF while acting under his orders,” said Commissioner Krissy Barrett at a Sydney press conference.
A Broader Investigation
In 2020, the Brereton Report uncovered “credible evidence” that elite Australian soldiers had unlawfully killed 39 individuals in Afghanistan. This led to the formation of the Office of the Special Investigator (OSI) to probe the incidents. To date, only one other individual has been charged through this process. Ross Barnett, the OSI’s director of investigations, emphasized that the arrest represents a “significant step” amid challenging conditions.
Barnett noted the difficulties of conducting an investigation 9,000 kilometers from the conflict zone, where access to crime scenes, photographs, and forensic evidence is limited. “We don’t have site plans, blood spatter analysis, or the recovery of projectiles,” he explained.
A National Hero’s Legal Struggle
When the allegations first surfaced in 2018, Roberts-Smith was hailed as a national icon. His Victoria Cross was awarded for single-handedly repelling a Taliban assault on his SAS unit. Determined to defend his reputation, he embarked on a high-profile legal fight spanning seven years, costing millions of dollars and earning the moniker “Australia’s trial of the century.” Despite his efforts, a Federal Court judge ruled on the balance of probabilities that he was involved in at least four murders, a decision affirmed during an appeal.
“Anthony Besanko found that Roberts-Smith had ordered two unarmed men to be executed to ‘blood’ junior soldiers and was implicated in the death of a handcuffed farmer he pushed off a cliff,” stated a court summary. “Additionally, he took a captured Taliban soldier’s prosthetic leg as a trophy, later using it as a drinking vessel.”