Australian Veteran Ben Roberts-Smith Charged with War Crimes in Afghanistan

Ben Roberts-Smith, a 47-year-old Australian veteran awarded the Victoria Cross and Medal for Gallantry for service in Afghanistan, appeared in a Sydney court on Wednesday for war crime charges. He did not apply for bail during the listing of the charges. Roberts-Smith is the second Australian veteran from the Afghanistan campaign to face such charges.

The charges relate to the deaths of five Afghan individuals in 2009 and 2012 while Roberts-Smith served as a corporal in the Special Air Service in Uruzgan province. Australian Federal Police charged him on Tuesday with offenses connected to these incidents.

The court listed two counts of war crime murder and three counts of aiding or abetting war crime murder, each carrying a maximum sentence of life imprisonment.

the Allegations The charges specify actions at three locations.

On April 12, 2009, in Kakarak village, Roberts-Smith is alleged to have killed and caused a subordinate to kill an individual. On September 11, 2012, in Darwan village, he is alleged to have caused a subordinate to kill another individual. On October 20, 2012, in Syahchow village, Roberts-Smith is alleged to have killed and caused a subordinate to kill a third individual.

Under Australian law, war crime murder involves the intentional killing in an armed conflict context of a person not actively participating in hostilities, such as a civilian, prisoner of war, or wounded soldier. Police allege Roberts-Smith either shot the victims or ordered subordinates to do so.

The charges follow a 2020 military report that documented evidence of unlawful killings by Australian Special Air Service and commando regiment troops, including 39 Afghan prisoners, farmers, and other noncombatants.

Approximately 40,000 Australian personnel served in Afghanistan from 2001 to 2021, with 41 killed during the deployment. Roberts-Smith was arrested at Sydney Airport on Tuesday morning and spent the night in jail; he did not appear in court in person or by video link on Wednesday, and his lawyers entered no pleas.

Australian Prime Minister Anthony Albanese addressed the case, describing it as a difficult time for the Australian Defense Force.

He emphasized the importance of not politicizing the legal process.

“We should give thanks every day for the men and women who wear our uniform, who are prepared to make the ultimate sacrifice on behalf of our nation, to keep our Australian way of life going forward. That doesn’t change.”

Opposition Leader Angus Taylor called for the federal government to fund legal defenses for military personnel prosecuted for war crimes, including Roberts-Smith, to ensure fair trials. Former Prime Minister John Howard, who committed Australian troops to Afghanistan in 2001, stated the arrest would emotionally affect many Australians.

The Australian Special Air Service Association noted that some members may testify against former comrades or defend against allegations, describing the situation as confronting for the community. The case proceeds through the Australian legal system, with potential trials to follow.

It involves ongoing investigations into actions during Australia's Afghanistan involvement, affecting veterans, military families, and international relations with Afghanistan.