Posted on 04/07/2026 10:13:14 AM PDT by jerod
War crime murder charges carry potential sentence of life in prison
Australia's most decorated living veteran, Ben Roberts-Smith, faces war crime charges on allegations he killed five unarmed Afghans while serving in Afghanistan from 2009 and 2012, police and media reported on Tuesday.
Police have not confirmed the name of the 47-year-old former soldier who was arrested on Tuesday. But he has been widely reported in the media to be Roberts-Smith, a former Special Air Service (SAS) Regiment corporal who was awarded both the Victoria Cross and Medal of Gallantry for his service in Afghanistan.
Police charged him on Tuesday with five counts of war crime murder. He will remain in custody overnight and make his first court appearance on Wednesday, a police statement said.
He will potentially apply for release on bail on Wednesday.
War crime murder carries a potential sentence of life in prison. It's a federal crime in Australia, defined as the intentional killing in the context of armed conflict of a person who is not taking an active part in hostilities, such as civilians, prisoners of war or wounded soldiers.
Police arrested Roberts-Smith at Sydney Airport on Tuesday after he arrived on a flight from Brisbane, Australian Federal Police commissioner Krissy Barrett said.
"It will be alleged that the victims were not taking part in hostilities at the time of their alleged murder in Afghanistan. It will be alleged the victims were detained, unarmed and were under the control of ADF members when they were killed," Barrett told reporters, referring to the Australian Defence Force.
"It will be alleged the victims were shot by the accused or shot by subordinate members of the ADF in the presence of and acting on the orders of the accused," Barrett added.
Previously sued media outlets A civil court has already found similar allegations against Roberts-Smith credible in a defamation suit he brought after several newspapers published articles in 2018 accusing him of a range of war crimes. In 2023, a federal judge rejected Roberts-Smith's claims and ruled that he likely unlawfully killed four non-combatants in 2009 and 2012.
While the civil court found the war crimes allegations were mostly proved on a balance of probabilities, the new charges would have to be proved in a criminal court to a higher standard of beyond reasonable doubt.
In September, Australia's High Court said it would not hear an appeal, ending Roberts-Smith's chances of overturning the ruling.
Nick McKenzie, a reporter who has been investigating allegations against the soldier since 2017, expected SAS colleagues to testify in the criminal trial as they had during the civil trial.
"You're investigating conduct allegedly taken by some members of the most secretive, elite fighting force Australia has," said McKenzie.
"For them to come forward and say, 'Well, we served our country bravely like Ben Roberts-Smith did, alongside him in Afghanistan, but we saw things with our own eyes that we feel uncomfortable about.' These brave soldiers, some of them broke down after they testified, so difficult was it for them to stand up and speak out," McKenzie added.
The charges follow a military report released in 2020 that found evidence that elite Australian SAS and commando regiment troops unlawfully killed 39 Afghan prisoners, farmers and other non-combatants.
The Office of the Special Investigator was then established to work with police on the war crime allegations. The office's director of investigations Ross Barnett said allegations of 53 war crimes had been investigated and 39 of those investigations had concluded without charges.
Around 40,000 Australian military personnel served in Afghanistan between 2001 and 2021, of whom 41 were killed.
Roberts-Smith is the second Australian veteran of the Afghanistan campaign to be charged with a war crime.
Former SAS soldier Oliver Schulz, 44, has pleaded not guilty to a charge of war crime murder. He is accused of shooting Afghan man Dad Mohammad three times in the head in an Uruzgan province wheat field in May 2012.
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Holding everybody who served to some liberally woke guidelines in which every person killed needs to be accounted for and justified by their woke standards is complete nonsense.
Something tells me his actions were justified. Just guessing though.
Way to destroy whatever morale was left in the Australian military.
Looks like the Aussies have come down with a case of Europa Disease.
Breaker Morant comes to mind.
Not much has changed over 100 years.
Could you imagine how man US WW2 vets could have been brought up on these types of charges? Especially in the Pacific Theater? My grandfather fought in several big battles there (Okinawa/Peleliu) and he seemed none to happy to discuss some of the things that happened there. He seemed to not like the Japanese.
The fog of war is thick.
Like William Muny (Clint Eastwood) said, “...he should have armed himself...”
Actual line is “He should have armed himself if he’s gonna decorate his saloon with my friend”
But, since he killed Muzzies the Aussie gov’mt HAS to put him in prison. C’mon, the NSW gov’mt arranged the murder of abunch of Jews just so the Aussie gov’mt could disarm citizens.
“,,engaged in hostilities...” So, if some clowns gave physical cover for a suicide bomber to get close, it would be bad to shoot the bunch?
May 2012 , Really , long time ago
No kidding, I don’t know the complete details but in the UK they are going back to the Northern Ireland IRA days in the 1980s and trying pin all sorts of crimes on their SAS troops who were involved in a controversial incident.
“...It really ain’t the place nor time
To reel off rhyming diction -
But yet we’ll write a final rhyme
Whilst waiting cru-ci-fixion!
No matter what “end” they decide -
Quick-lime or “b’iling ile,” sir?
We’ll do our best when crucified
To finish off in style, sir!
But we bequeath a parting tip
For sound advice of such men,
Who come across in transport ship
To polish off the Dutchmen!
If you encounter any Boers
You really must not loot ‘em!
And if you wish to leave these shores,
For pity’s sake, DON’T SHOOT ‘EM!!...”
Australia was exposed as a Nazi country during the COVID debacle, so I can’t imagine any intelligent, principled person would have any interest in serving in their military these days.
I agree 1000%.
The queen must keep her pistol in that purse.
Well, that’s just it. We’re at the point where the Left in what remains of the West will scrutinize the business end of war against the enemy and excuse the excesses of tyranny against The People.
So after 14 years they go after their most decorated soldier. What happens when you elect leftists.
If you can’t kill your enemies then don’t issue weapons of war. I’d suggest they issue feathers to tickle them into surrounding.
Sometimes they’re only “unarmed’ until you turn your back on them.
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Too harsh? Maybe we could offer him asylum here and exchange one of our Muslim terrorists for him with the Australian government.
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