Australia’s most-decorated soldier arrested over alleged war crimes

Australia’s Highest-Awarded Veteran Soldier Was Apprehended Over War Crimes Allegations

Australia’s most decorated veteran soldier, Ben Roberts-Smith, has been arrested and is set to appear in court on Tuesday, facing five charges of murder related to alleged war crimes in Afghanistan. The 47-year-old, who retired from the military in 2013, was detained at Sydney airport. His case centers on accusations that he killed several unarmed Afghan civilians during his service between 2009 and 2012.

A 2023 defamation ruling concluded the former Special Air Service corporal and Victoria Cross recipient had slain multiple unarmed Afghan civilians. Roberts-Smith denies all allegations, calling them “egregious” and “spiteful.” He has asserted that the incidents either occurred legally during combat or did not happen at all. The civil trial marked the first time a court examined claims of war crimes committed by Australian forces.

“It will be alleged the victims were shot by the accused or by subordinate members of the ADF in the presence of, and acting on the orders of, the accused,” said Commissioner Krissy Barrett of the Australian Federal Police.

The Brereton Report, a 2020 landmark investigation, found “credible evidence” that elite Australian soldiers unlawfully killed 39 individuals in Afghanistan. The report recommended 19 current or former soldiers be investigated. A specialist team, the Office of the Special Investigator (OSI), was established to pursue these cases. To date, the OSI has charged only one other person besides Roberts-Smith.

Ross Barnett, director of investigations at OSI, described Roberts-Smith’s arrest as a “significant step” amid “challenging circumstances.” He highlighted the difficulties of the investigation, noting the lack of access to Afghanistan and limited evidence such as photographs, site plans, or recovered projectiles. “We don’t have access to the crime scenes or the deceased,” Barnett added.

Barrett emphasized that allegations of misconduct apply to a “very small section” of the respected Australian Defence Force. She praised the majority of the ADF for upholding the nation’s honor during their service.