Australian War Hero Faces Serious Allegations
In a significant development, Ben Roberts-Smith, one of Australia’s most acclaimed veterans, is under scrutiny for alleged war crimes committed during his military service in Afghanistan between 2009 and 2012. The 47-year-old, known for his distinguished service as a former Special Air Service Regiment corporal, was reportedly detained on Tuesday, though authorities have not confirmed his identity. Media outlets have widely identified him as the individual in question.
Roberts-Smith, a recipient of both the Victoria Cross and the Medal of Gallantry, has been charged with five counts of war crime murder, according to police statements. He is expected to appear in court on Wednesday, where he may seek bail.
These charges mark Roberts-Smith as only the second Australian veteran from the Afghanistan mission to face war crime allegations. Previously, former SAS member Oliver Schulz was charged with a similar offense, accused of killing an Afghan man in 2012.
War crime murder, a federal offense in Australia, involves intentionally killing individuals who are not actively participating in hostilities, such as civilians or captured soldiers. If convicted, it carries a potential life sentence.
Australian Federal Police Commissioner Krissy Barrett detailed the arrest, stating it happened at Sydney Airport upon Roberts-Smith’s return from Brisbane. Barrett alleged that the victims were non-combatants at the time of their deaths, implying they were under the Australian Defense Force’s control when they were killed.
These allegations echo findings from a civil court case where similar claims were deemed credible. In a defamation suit initiated by Roberts-Smith against several newspapers, a federal judge concluded that he likely unlawfully killed four noncombatants during his service in Afghanistan. However, while the civil court required a balance of probabilities to prove allegations, the criminal court necessitates proof beyond a reasonable doubt.
Despite plans to appeal the civil decision, Australia’s High Court denied Roberts-Smith’s request in September, effectively upholding the lower court’s ruling.
Journalist Nick McKenzie, who faced a defamation lawsuit from Roberts-Smith, anticipates that SAS members will testify in the upcoming criminal trial, similar to the civil proceedings. McKenzie expressed the challenges of investigating allegations involving members of Australia’s elite and secretive fighting forces, acknowledging the courage of SAS witnesses who came forward.
The charges against Roberts-Smith arise from a 2020 military report that uncovered evidence of unlawful killings by Australian SAS and commando regiment troops in Afghanistan, involving 39 Afghan noncombatants.
Commissioner Barrett emphasized that the alleged misconduct pertains to a small segment of the Australian Defense Force. She reassured that the majority of military personnel serve honorably, reflecting the values of a democratic nation.
The Office of the Special Investigator has been working with police on these war crime allegations, having investigated 53 incidents and concluding 39 without charges. Australia’s involvement in Afghanistan spanned two decades, with around 40,000 military personnel deployed, 41 of whom lost their lives.
