Australia’s most decorated living soldier has been charged with multiple counts of war crimes linked to unlawful killings in Afghanistan.
Former SAS corporal Ben Roberts-Smith was arrested at Sydney Airport yesterday and charged with five counts of the war crime of murder.
The charges relate to incidents between 2009 and 2012, when Australian special forces were deployed in Afghanistan.
The case marks one of the most serious legal reckonings over alleged abuses during the Western occupation, of which Australia was a part.
The former soldier denies all wrongdoing.
Allegations of unlawful killings
Prosecutors allege that the victims were unarmed Afghan civilians or detainees under Australian control at the time of their deaths.
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Authorities claim some were killed directly by Roberts-Smith, while others were shot by subordinates acting on his orders.
The charges include one count of committing murder, one of jointly committing murder, and three of aiding or abetting murder.
Each charge carries a potential life sentence if proven in court.
Some of the most disturbing allegations centre on detainees being executed after capture.
One allegation states he ordered junior soldiers to execute detainees as a form of “blooding”, a practice meant to initiate inexperienced troops.
In another incident, he was found to have kicked a handcuffed Afghan man off a cliff before the man was shot dead.
He is also accused of involvement in the killing of a wounded prisoner who posed no threat at the time.
In a separate claim, a captured Taliban fighter with a prosthetic leg was executed, with the leg later taken as a battlefield trophy.
Witnesses alleged that subordinates carried out some killings under his direction, raising accusations of command responsibility.
Prosecutors now argue that these acts were not combat killings but deliberate executions of people under control.
The former soldier denies all wrongdoing and has consistently rejected the accusations as false.
He has been remanded in custody and did not initially apply for bail, with further hearings expected in the coming weeks.
Long road to prosecution
The arrest follows a five-year investigation led by the Australian Federal Police and the Office of the Special Investigator.
Investigators have faced major obstacles due to the lack of access to crime scenes in Afghanistan.
Officials say there are no forensic materials such as bodies, site measurements, or full photographic evidence available.
As a result, the case relies heavily on witness testimony and military records.
The charges stem in part from the 2020 Brereton Report, which found credible evidence that Australian forces unlawfully killed 39 people.
That inquiry recommended multiple soldiers be investigated for potential war crimes.
Roberts-Smith’s case is only the second prosecution brought under this process so far.
The allegations first gained public attention in 2018 through investigative reporting.
Roberts-Smith responded with a high-profile defamation lawsuit, widely described as Australia’s “trial of the century.”
In 2023, a Federal Court judge found the allegations substantially true on the balance of probabilities.
An appeal against that ruling was later dismissed, strengthening the findings.
National hero under scrutiny
Before the allegations emerged, Roberts-Smith was celebrated as a national hero and awarded the Victoria Cross for his actions in Afghanistan.
His image has since been reassessed, with institutions reviewing how his legacy is presented.
The case has sparked debate across Australia, with some defending veterans and others calling for accountability.
Human rights groups have described the prosecution as an important step towards justice for Afghan victims.
Prime Minister Anthony Albanese has declined to comment in detail, citing the ongoing legal process.
The trial is expected to test not only the evidence against one man, but also the conduct of Western forces during the Afghanistan war.
