Australian War Crimes Trial Involves Ben Roberts-Smith, Victoria Cross Recipient

Ben Roberts-Smith, recipient of the Victoria Cross and Australia's most decorated living soldier, is the defendant in a civil defamation case that includes war crimes allegations. The case, heard in the Federal Court of Australia, was initiated by three Australian newspapers: The Sydney Morning Herald, The Age, and The Canberra Times.

These outlets published articles in 2018 alleging Roberts-Smith's involvement in unlawful killings of Afghan civilians and prisoners during deployments with the Special Air Service Regiment.

The allegations center on four incidents in Afghanistan between 2009 and 2012. In one reported event at Whiskey 108 in 2009, prosecutors claim Roberts-Smith ordered the execution of an unarmed Afghan prisoner. Another incident in 2012 at Darwan allegedly involved the kicking of a prosthetic-legged man, Ali Jan, out of a plane before his killing.

Witnesses, including fellow soldiers, have provided testimony supporting these claims during the trial, which began in 2021 and has spanned over 100 days of hearings.

the Allegations The reports emerged from the Brereton Inquiry, a 2020 Australian government investigation into alleged war crimes by special forces in Afghanistan from 2005 to 2016.

The inquiry found credible evidence of 39 unlawful killings by Australian troops, leading to the disbandment of an SAS squadron and referrals for prosecution. Roberts-Smith denies all allegations, stating that the actions were lawful in combat and that he followed rules of engagement.

His legal team argues that the newspaper articles defamed him by portraying him as a criminal, damaging his reputation as a war hero.

The trial examines classified military documents, photographs, and SAS operational records to verify the claims. As a civil case, the standard of proof is the balance of probabilities, lower than in criminal proceedings.

The case has drawn international attention due to its implications for military accountability.

Legal scholars note it as the first of its kind in Australia involving a high-profile soldier in a public trial format. Affected parties include the Australian Defence Force, which has faced scrutiny over its command structure, and Afghan families seeking justice for alleged victims.

Roberts-Smith, who served four tours in Afghanistan and received the Victoria Cross in 2011 for bravery in a 2006 battle, retired from the military in 2013.

Post-service, he has worked in media and corporate roles. The trial's outcome could influence future war crimes investigations and public trust in Australia's military institutions. Next steps include closing arguments expected in the coming months, followed by a judicial decision from Justice Anthony Besanko.

If the newspapers prevail, Roberts-Smith may face no direct criminal charges from this civil ruling, but it could prompt further inquiries. The Australian government has established a special investigator to handle potential prosecutions based on the Brereton findings.