Former Special Forces Soldier Arrested on War Crimes Charges Following Years of Investigation

A decorated Australian soldier faces serious accusations of war crimes related to the deaths of unarmed Afghan men during a lengthy AFP investigation.

Ben Roberts-Smith, a 47-year-old former special forces soldier, was taken into custody at Sydney Airport and formally charged with five counts of war crimes. The charges relate to the deaths of five individuals in Afghanistan between 2009 and 2012. Australian Federal Police (AFP) announced the arrest on Tuesday, specifying that the maximum potential sentence for each charge is life imprisonment. AFP Commissioner Krissy Barrett detailed that the investigation, spanning from 2021, alleges the victims were civilians not engaged in combat when they were allegedly killed. Barrett further stated that the accused or his subordinates were implicated in the shootings, acting under his direction and in his presence. The legal proceedings follow a complex investigation conducted by the AFP and the Office of the Special Investigator. Roberts-Smith appeared in the New South Wales local court on Wednesday for a bail hearing. This arrest follows a previous legal battle where Roberts-Smith unsuccessfully attempted to sue journalists who reported he was “complicit in and responsible for the murder” of unarmed Afghan men. A judge ruled in 2023 that the journalists had not defamed him, a decision upheld by the Full Court of the Federal Court of Australia. Representatives of the Australian Centre for International Justice described the arrest as a crucial step for victims and affected communities in Afghanistan. The organization emphasized the importance of prosecuting alleged war crimes by Australian special forces to ensure justice for Afghan victims and uphold international legal obligations. Approximately 39,000 Australian soldiers were deployed to Afghanistan as part of a multinational effort against the Taliban and other armed groups. Roberts-Smith's case has been subject to significant public attention in Australia, particularly given his prior receipt of the Victoria Cross medal and his status as the most decorated living Australian war veteran. The situation is further complicated by the ongoing imprisonment of former army lawyer David McBride, who is being held for his role in exposing alleged war crimes. Senator David Shoebridge publicly called for McBride’s release via social media.