Credited from: REUTERS
Ben Roberts-Smith, Australia's most decorated living soldier, has been arrested on allegations of war crimes connected to the murders of five unarmed Afghans during his service in Afghanistan between 2009 and 2012. The 47-year-old was taken into custody at Sydney Airport after arriving from Brisbane, according to police reports, and is set to appear in court soon. The charges were announced by Australian Federal Police Commissioner Krissy Barrett, who stated, "The victims were not taking part in hostilities at the time of their alleged murder" which occurred while the soldier was on deployment. The maximum penalty for each charge could reach life imprisonment, and Roberts-Smith remains in custody pending a court appearance.
The charges come after a lengthy investigation by the Australian Federal Police (AFP) which began as part of a broader probe into military misconduct by members of the Australian Defence Force (ADF) in Afghanistan. In 2020, a military report indicated that elite SAS troops had been involved in unlawful killings of 39 Afghan noncombatants. Barrett noted that the allegations against Roberts-Smith are part of a small subset of the total investigations conducted, underscoring the complexity and ramifications of these claims, according to reports by both BBC and Reuters.
Roberts-Smith has consistently denied any wrongdoing. He had previously sued several media outlets over defamation claims related to reports that accused him of being involved in multiple murders, which led to a landmark civil trial. In 2023, a judge ruled against him, finding that he likely committed unlawful killings, including allegations such as the murder of an unarmed Afghan teenager and other serious offenses. This civil court ruling will inform the credibility of the evidence he faces in the criminal charges, but the burden of proof will be higher, as noted by SCMP and Los Angeles Times.
The situation has drawn widespread attention both in Australia and internationally, as public advocates and groups like Amnesty International have called for thorough investigations into allegations of war crimes. Rawan Arraf, of the Australian Centre for International Justice, stated that this arrest was a “significant and long-awaited step for victims” and emphasized the importance of pursuing accountability for such acts. This perspective is echoed by public sentiment and ongoing scrutiny surrounding military conduct in conflict zones, as discussed in reports by Al Jazeera and NPR.