Ben Roberts-Smith Arrested on War Crime Allegations
Former Australian soldier Ben Roberts-Smith has been arrested at Sydney airport in connection with alleged war crimes committed during his service in Afghanistan. The Australian Federal Police and the Office of the Special Investigator announced the details of the investigation on Tuesday, stating that Roberts-Smith is expected to be charged with five counts of war crime murder, which carry a maximum penalty of life imprisonment. He was due to face court on Tuesday afternoon.
Background of the Case
Roberts-Smith, once celebrated as Australia's most decorated living soldier and a Victoria Cross recipient, previously attempted to sue three newspapers—the Age, the Sydney Morning Herald, and the Canberra Times—over allegations that he murdered unarmed civilians and bullied comrades while serving in the Australian SAS. In a long-running and costly defamation trial, he lost the case, with a judge finding to the civil standard of the balance of probabilities that he committed four murders. His appeals to the full bench of the federal court and the high court were unsuccessful, though he has repeatedly denied any wrongdoing.
Specific Allegations Proven in Court
The most high-profile allegation involved an incident in the southern Afghan village of Darwan in 2012. According to court findings, Roberts-Smith marched a handcuffed man named Ali Jan to the edge of a 10-meter high precipice, kicked him in the chest, causing him to fall and hit the cliff before landing below. Ali Jan survived the fall but was badly injured, and Roberts-Smith then ordered a subordinate soldier to shoot him dead. His body was later dragged to a nearby field.
Another major allegation concerned a raid on a compound code-named Whiskey 108 in 2009. Two unarmed men were found hiding in a tunnel: an elderly man and a younger man with a prosthetic leg. The court found that Roberts-Smith ordered a junior soldier to execute the elderly man and then forcibly manhandled the disabled man outside the compound, throwing him to the ground and firing a machine gun into his body, killing him. The prosthetic leg was later souvenired and used as a drinking vessel by Australian SAS troops at their on-base bar.
Political and Public Response
Prime Minister Anthony Albanese refused to comment on the arrest, stating that any remarks could prejudice the legal matter before the courts. Roberts-Smith, who was awarded the Victoria Cross for gallantry in 2010 and served as chair of the government's Australia Day council, has seen his reputation dramatically shift from national hero to accused war criminal. This case is part of broader investigations into alleged war crimes by Australian soldiers in Afghanistan, with former SAS soldier Oliver Schulz charged with murder in early 2023.
Support services for veterans and their families, such as Open Arms and Safe Zone Support, remain available, along with crisis lines like the Hayat Line for Muslims. The arrest underscores ongoing scrutiny of military conduct and accountability in conflict zones.
