Ben Roberts-Smith, Australia’s most decorated living veteran, has been charged with five counts of war crime murder related to alleged actions during his service in Afghanistan between 2009 and 2012. The charges stem from investigations into the conduct of Australian special forces.

Charges and Arrest

Australian Federal Police arrested the 47-year-old former Special Air Service Regiment corporal at Sydney Airport on Tuesday, after his arrival on a flight from Brisbane. Police Commissioner Krissy Barrett confirmed the arrest but initially did not release the suspect’s name. Media outlets widely identified him as Roberts-Smith.

Allegations Detail Unlawful Killings

Authorities allege that the victims were not actively participating in hostilities when they were killed. Barrett stated that the victims were allegedly unarmed, detained, and under the control of Australian Defence Force (ADF) members at the time of their deaths. It is alleged Roberts-Smith either directly shot the victims or ordered subordinate ADF members to do so.

Previous Findings and Legal Context

This development follows a 2020 military report that uncovered evidence of unlawful killings of 39 Afghan prisoners, farmers, and non-combatants by Australian SAS and commando troops. Roberts-Smith previously brought a defamation suit against several newspapers that published allegations of war crimes against him.

Civil Court Ruling

In 2023, a federal judge ruled against Roberts-Smith in the defamation case, finding that he likely unlawfully killed four non-combatants in 2009 and 2012. While the civil court applied a balance of probabilities standard, criminal charges require proof beyond a reasonable doubt. The High Court of Australia declined to hear an appeal of the ruling in September.

Ongoing Investigations and Witness Testimony

Roberts-Smith is the second Australian veteran of the Afghanistan campaign to face war crime charges. Oliver Schulz, a former SAS soldier, has pleaded not guilty to a charge of war crime murder. The Office of the Special Investigator has investigated 53 alleged war crimes, concluding 39 investigations without charges.

Importance of SAS Witness Accounts

Nick McKenzie, a reporter who successfully sued Roberts-Smith for defamation, anticipates that SAS colleagues will testify in the criminal trial, as they did during the civil proceedings. He emphasized the bravery of these witnesses in coming forward with uncomfortable truths. “These brave soldiers…broke down after they testified so difficult was it for them to stand up and speak out,” McKenzie said.

War crime murder carries a potential sentence of life in prison. The investigation involved approximately 40,000 Australian military personnel who served in Afghanistan between 2001 and 2021, with 41 fatalities.