Former Australian Special Air Service soldier Ben Roberts-Smith, once celebrated as the nation's most decorated living serviceman, has been arrested on war crimes charges related to his deployment in Afghanistan, The Guardian reports.
The arrest on Monday marks a watershed moment in Australia's reckoning with alleged atrocities committed by its elite forces during the 20-year war in Afghanistan. Roberts-Smith, 47, was taken into custody at his home in Queensland and is expected to face multiple charges including murder and complicity in war crimes.
The former corporal, who received the Victoria Cross—Australia's highest military honor—for actions in 2010, has been the subject of extensive investigations following revelations in the Brereton Report, a four-year inquiry that found credible evidence of war crimes by Australian special forces personnel between 2005 and 2016.
To understand today's headlines, we must look at yesterday's decisions. The Brereton Report, released in 2020, documented a disturbing culture within parts of the SAS, including allegations of unlawful killings of prisoners and civilians, a practice referred to internally as "blooding" junior soldiers. The report recommended criminal investigations into 19 current or former special forces personnel.
Roberts-Smith has consistently denied any wrongdoing. In 2022, he lost a high-profile defamation case against several Australian newspapers that had published allegations of war crimes. The federal court found on the balance of probabilities that Roberts-Smith had committed murder and had been involved in kicking a handcuffed prisoner off a cliff.
The arrest follows years of investigation by the Office of the Special Investigator, a prosecutorial body established specifically to examine alleged war crimes by Australian forces in Afghanistan. Sources familiar with the investigation suggest that prosecutors believe they have gathered sufficient evidence to proceed with charges that could result in life imprisonment.
The case has divided Australian public opinion. Some view the prosecution as essential accountability for alleged atrocities that violated the laws of war and damaged Australia's international reputation. Others, particularly within military circles, argue that soldiers operating in combat conditions are being unfairly targeted for actions taken in the fog of war.
The allegations against Roberts-Smith include the unlawful killing of Afghan civilians and prisoners, involvement in covering up war crimes, and participation in a culture of impunity within elements of the SAS. Prosecutors are expected to present evidence including witness testimony from fellow soldiers, forensic evidence, and operational records.
The arrest is likely to be the first of several prosecutions stemming from the Afghanistan war crimes investigation. Australian Defense Force officials have acknowledged that the revelations have severely damaged the reputation of the military and particularly the special forces community.
Defense Minister Richard Marles issued a brief statement acknowledging the arrest and emphasizing that the prosecution would proceed independently of political influence. "The rule of law applies to all Australians, regardless of their service or accomplishments," he said.
The case represents one of the most significant war crimes prosecutions in Australian history and will be closely watched internationally as other Western nations grapple with accountability for actions taken during the war in Afghanistan.
