He’s Australia’s most decorated soldier. Now he’s at the centre of a historic war crimes case

He’s Australia’s most decorated soldier. Now he’s at the centre of a historic war crimes case

A pivotal chapter in Australia’s military history emerged quietly at Sydney airport, where Ben Roberts-Smith was calmly detained by police after disembarking from a flight. The decorated veteran, who holds the nation’s highest military honor, faces five murder charges in a landmark war crimes trial. This comes after a three-year civil defamation dispute, which concluded with a ruling that he had unlawfully killed several unarmed Afghan prisoners. Roberts-Smith, who retired from the Australian Defence Force in 2013, insists the accusations are “egregious” and motivated by envious colleagues.

The case has reignited debates about Australia’s military conduct in Afghanistan, casting doubt on its celebrated legacy. “Roberts-Smith’s prosecution signals a major cultural shift,” said Professor Donald Rothwell. “A country that once revered its soldiers’ exploits is now scrutinizing their actions under criminal law.” Deane-Peter Baker, a scholar specializing in special forces ethics, added that this is a rare global event. “No one has ever seen a war crime charge leveled against a recipient of such high honors before,” he remarked.

Roberts-Smith’s reputation soared after his 2013 return from Afghanistan, where he earned the Victoria Cross for single-handedly repelling Taliban attacks. His accolades included speaking engagements, board roles, and media features, with even a “Father of the Year” award. Yet, in 2018, Nine newspapers published allegations of misconduct, including prisoner killings, beatings, and domestic violence. He denied all claims and initiated a seven-year legal battle, dubbed “Australia’s trial of the century” by some. The case cost millions and ended with his defeat.

While domestic violence and bullying claims were dismissed, a 2023 Federal Court ruling deemed his alleged four murders substantially true, a decision upheld on appeal. Now, with criminal charges pending, Roberts-Smith risks life imprisonment and a tarnished legacy. He would be the first Victoria Cross recipient from the Commonwealth to face war crime prosecution, according to Baker, who revised the ADF’s ethics training after Afghanistan’s controversies.

The charges stem from a five-year investigation by the Office of the Special Investigator (OSI), established following the 2020 Brereton Report. That inquiry revealed credible evidence of 39 unlawful deaths by elite troops, prompting 19 ADF members to be scrutinized. Despite 53 investigations and 39 completed cases, only one other individual—Oliver Schulz—has been charged. Ross Barnett, the OSI’s director, highlighted the challenges: “We lack physical evidence, cross-border cooperation, and access to the crime scenes.” Without photographs, site plans, or forensic analysis, the team relies heavily on witness accounts from fellow soldiers.

“The OSI can’t reach the country where the crimes occurred, nor do they have the deceased for post-mortem exams. It’s a tough task, but necessary,” Barnett explained.