Arrest of Australia’s Top Decorated Soldier Over Afghanistan War Crime Allegations

Australia’s most decorated living soldier, Ben Roberts-Smith, has been arrested and will be charged with allegations of war crimes linked to actions in Afghanistan, as reported by local media. The 47-year-old, who retired from the defence force in 2013, was detained at Sydney airport and is set to appear in court on Tuesday. The charges include five counts of murder involving unarmed detainees during his service between 2009 and 2012.

Recent legal findings from a defamation case in 2023 revealed that Roberts-Smith, a former Special Air Service corporal and Victoria Cross recipient, was determined to have killed several unarmed Afghan civilians. Despite this, he maintains his innocence, labeling the accusations as “egregious” and “spiteful.” His stance has been consistent, with him asserting that the events in question either occurred lawfully during combat or were entirely misrepresented.

“The alleged conduct related to these charges is confined to a very small section of our trusted and respected ADF, which keeps our country safe,” said Commissioner Krissy Barrett of the Australian Federal Police (AFP) during a press conference. “The majority of the ADF do our country proud.”

The Brereton Report, a 2020 investigation, uncovered “credible evidence” that elite Australian soldiers had unlawfully killed 39 individuals in Afghanistan. This led to the recommendation that 19 current or former soldiers be scrutinized. Roberts-Smith’s civil trial marked a historic first, as it was the first time a court evaluated claims of war crimes by Australian forces. However, he recently lost an appeal against the initial findings, which confirmed the alleged incidents.

While the charges against Roberts-Smith focus on specific acts during his deployment, the AFP emphasized that the case reflects broader scrutiny of the ADF’s conduct. The arrest underscores ongoing efforts to address past military actions, even as the soldier continues to contest the allegations. His legal battle now enters a new phase with potential criminal charges looming.