Australia’s most-decorated living soldier arrested over alleged war crimes

Australia’s Most Highly Decorated Living Veteran Arrested on War Crimes Allegations

In a surprising turn of events, Ben Roberts-Smith—the nation’s most decorated living soldier—has been taken into custody and faces potential charges for alleged war crimes in Afghanistan. The 47-year-old, who retired from the military in 2013, was arrested at Sydney Airport and is scheduled to appear in court on Tuesday. He is accused of five counts of murder, with prosecutors claiming he was responsible for the deaths of unarmed detainees during his service between 2009 and 2012.

A key legal milestone occurred in 2023 when a defamation ruling established that Roberts-Smith, a Victoria Cross recipient and former SAS corporal, had killed multiple unarmed Afghan civilians. Despite this, he maintains his innocence, describing the accusations as “egregious” and “spiteful.” The civil case marked the first time a court in history scrutinized claims of war crimes involving Australian forces.

“It will be alleged the victims were shot by the accused or shot by subordinate members of the ADF in the presence of, and acting on the orders of, the accused,” said Commissioner Krissy Barrett of the Australian Federal Police.

Earlier this year, the Brereton Report—a major inquiry into alleged misconduct by elite Australian troops—revealed “credible evidence” of 39 unlawful killings in Afghanistan. This led to the creation of a specialized investigative team, the Office of the Special Investigator (OSI), which has so far charged only one individual. Ross Barnett, head of investigations at OSI, called Roberts-Smith’s arrest a “significant step” amid “challenging circumstances.”

Roberts-Smith, once hailed as a national hero for single-handedly defending his SAS unit from Taliban attackers, has since embarked on a seven-year legal campaign to clear his name. The case, dubbed Australia’s “trial of the century,” cost millions and involved complex arguments about whether the alleged killings were lawful combat actions or unjustified acts. A Federal Court judge ruled that he was involved in at least four murders, a decision upheld on appeal.

Among the charges, it was found that Roberts-Smith twice ordered unarmed men to be shot in order to “blood” inexperienced soldiers. He is also accused of participating in the death of a handcuffed farmer, who was pushed off a cliff, and a Taliban fighter whose prosthetic leg was taken as a trophy and later used by troops as a drinking vessel.

Prime Minister Anthony Albanese emphasized the need for impartiality, stating he would not comment on the case while it remains in the judicial process. “It is very important that there not be political engagement,” he said. Meanwhile, Barrett noted that allegations of misconduct affect only a “small section” of the respected Australian Defence Force.