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

Australia’s Top-Decorated Military Veteran Taken Into Custody

Australian Defence Force veteran Ben Roberts-Smith, renowned for his extensive service and numerous accolades, has been detained following accusations of committing war crimes in Afghanistan. The 47-year-old, who retired from active duty in 2013, was apprehended at Sydney airport and is set to appear in court on Tuesday. He faces five charges related to the crime of murder, stemming from alleged actions during his time in the region between 2009 and 2012.

In a 2023 civil ruling, the court found that Roberts-Smith, a Special Air Service corporal and Victoria Cross recipient, had killed several unarmed Afghan individuals. However, the former soldier maintains his innocence, calling the allegations “egregious” and “spiteful.” He insists that the incidents either occurred within legal combat parameters or did not happen at all, a stance that was reinforced after his appeal against a Federal Court decision was dismissed last year.

“It will be alleged the victims were shot by the accused or by members of the ADF under his command during the conflict,” stated Commissioner Krissy Barrett of the Australian Federal Police at a press conference in Sydney. The arrest marks a pivotal moment, as it is the first time a court has scrutinized claims of war crimes linked to Australian forces.

Historic Investigation Unearths Credible Evidence

Earlier in 2020, the Brereton Report revealed “credible evidence” that elite Australian soldiers had unlawfully killed 39 people in Afghanistan, prompting an investigation into 19 current or former military personnel. A specialized team, the Office of the Special Investigator (OSI), was established to probe these claims. To date, the OSI has only charged one other individual in connection with the allegations.

Ross Barnett, head of investigations at OSI, described Roberts-Smith’s arrest as a “significant step” amid challenging conditions. “We have to investigate dozens of murders alleged to have taken place in a war zone nearly 9,000 kilometers away,” he noted. “Without access to the country, we lack photographs, site plans, projectile recovery, and forensic analysis like blood spatter data or body remains.” Barrett emphasized that the misconduct allegations apply to a small fraction of the ADF, which she said continues to serve the nation with honor.