Australian Veteran Ben Roberts-Smith Charged with Five Counts of War Crime Murder in Afghanistan

Ben Roberts-Smith, a 47-year-old former corporal in Australia's Special Air Service Regiment, was arrested at Sydney Airport on Tuesday after arriving from Brisbane. Australian Federal Police charged him with five counts of war crime murder. The charges relate to alleged killings of five unarmed Afghans who were not taking part in hostilities during operations in Afghanistan in 2009 and 2012.

Police Commissioner Krissy Barrett stated that the victims were detained, unarmed, and under the control of Australian Defence Force members at the time of the alleged murders. Barrett added that the victims were shot by the accused or by subordinate members acting on his orders.

War crime murder is a federal offense in Australia, defined as the intentional killing in armed conflict of persons not actively participating in hostilities, such as civilians, prisoners of war, or wounded soldiers, and carries a potential life sentence.

Roberts-Smith, who received the Victoria Cross and Medal of Gallantry for his service in Afghanistan, will remain in custody overnight and appear in a Brisbane court on Wednesday. He may apply for bail during the appearance. The arrest follows investigations by the Office of the Special Investigator, established after a 2020 military report documented evidence of unlawful killings by Australian SAS and commando troops.

A 2020 report by the Office of the Inspector-General of the Australian Defence Force found evidence that elite Australian troops unlawfully killed 39 Afghan prisoners, farmers, and other non-combatants between 2005 and 2016.

The report prompted the creation of the Office of the Special Investigator to collaborate with federal police on war crime cases. Of 53 investigated allegations, 39 concluded without charges, according to Director of Investigations Ross Barnett. Roberts-Smith previously sued media outlets in 2018 after they published articles accusing him of war crimes.

In June 2023, a federal court ruled against him, finding on the balance of probabilities that he unlawfully killed four non-combatants in separate incidents in Uruzgan province in 2009 and 2012. Australia's High Court declined to hear an appeal in September 2023, upholding the civil ruling. The criminal charges require proof beyond reasonable doubt, a higher standard than the civil case.

Journalist Nick McKenzie, who has investigated the allegations since 2017, noted that SAS colleagues testified in the civil trial about witnessing events. McKenzie described the testimony as involving soldiers who served alongside Roberts-Smith but reported discomfort with observed actions.

Approximately 40,000 Australian personnel served in Afghanistan from 2001 to 2021, with 41 killed in action.

Roberts-Smith is the second Afghanistan veteran charged with war crimes; former SAS soldier Oliver Schulz, 44, faced similar charges earlier. The case highlights ongoing scrutiny of Australian special forces conduct in the conflict, which ended with the withdrawal of troops in 2021. The trial, if it proceeds, could involve testimony from former SAS members, as occurred in the civil proceedings.

Outcomes may influence military accountability processes and public trust in Australia's defense institutions. Further details on the charges will emerge during court proceedings.