Ben Roberts-Smith Charged with War Crimes Over Afghanistan Killings

Ben Roberts-Smith, widely recognized as Australia’s most decorated living veteran, was charged on Tuesday in Melbourne with five counts of war crime murder related to the deaths of unarmed Afghan prisoners and civilians during his deployment from 2009 to 2012, police and official statements confirmed.

Authorities arrested the 47-year-old former Special Air Service Regiment corporal at Sydney Airport following his arrival from Brisbane. While police did not publicly name Roberts-Smith, Australian media widely identified him as the defendant in the case. According to police, Roberts-Smith will remain in custody overnight and is set to make his first court appearance on Wednesday, at which time he may seek release on bail.

The charges stem from alleged incidents in Afghanistan, where it is claimed five victims were killed while not participating in hostilities. Australian Federal Police Commissioner Krissy Barrett stated that the victims “were detained, unarmed and were under the control of Australian Defense Force members when they were killed.” She added, “It will be alleged the victims were shot by the accused or shot by subordinate members of the ADF in the presence of and acting on the orders of the accused.”

Roberts-Smith becomes only the second Australian veteran of the Afghanistan campaign to face a war crime indictment. Another former SAS soldier, Oliver Schulz, has pleaded not guilty to a separate charge of war crime murder for the shooting of an Afghan civilian in 2012.

War crime murder is a federal offense in Australia, potentially punishable by life imprisonment. The new charges arrive in the wake of a 2020 military report detailing unlawful killings by elite Australian forces during the Afghanistan conflict, a period during which approximately 40,000 Australians served, resulting in 41 Australian fatalities.

Official investigations into alleged Australian war crimes have been led by the Office of the Special Investigator in cooperation with police. Of 53 war crime allegations investigated, most have not resulted in charges, according to the director of investigations, Ross Barnett.

At present, Roberts-Smith remains in custody pending his court appearance, with the case set to test the higher standard of proof required in criminal proceedings, beyond the findings of a previous civil court case.