Decorated soldier accused of 5 war crime murders

Australia's most celebrated living veteran, Ben Roberts-Smith, is facing accusations of war crimes, with claims he killed five unarmed Afghan nationals while serving in Afghanistan between 2009 and 2012, according to police and media reports on Tuesday.

The authorities have not confirmed the identity of the 47-year-old former soldier taken into custody on Tuesday. 

However, the media widely identifies him as Roberts-Smith, a former corporal in the Special Air Service Regiment, recognised with both the Victoria Cross and the Medal of Gallantry for his service in Afghanistan.

He has been formally charged on Tuesday with five counts of war crime murder. He will stay in detention overnight and is scheduled to appear in court for the first time on Wednesday, a police statement indicated.

There is potential for him to seek bail on Wednesday.

Roberts-Smith becomes only the second Australian veteran of the Afghanistan mission to be accused of a war crime.

Former SAS trooper Oliver Schulz, aged 44, has entered a not guilty plea to a charge of war crime murder. 

He is accused of fatally shooting Afghan man Dad Mohammad thrice in the head in a wheat field in Uruzgan province in May 2012.

Conviction for war crime murder can result in a life sentence. This federal crime in Australia is described as the deliberate killing of a person not engaged in conflict, such as civilians, prisoners of war, or those injured.

Roberts-Smith was apprehended at Sydney Airport on Tuesday after arriving from a flight originating in Brisbane, as stated by Australian Federal Police Commissioner Krissy Barrett.

"It's alleged that the victims weren't involved in hostilities at the time they were purportedly killed in Afghanistan. It's claimed the victims were captured, unarmed, and were under ADF control when they lost their lives," Barrett communicated to the press, referring to the Australian Defense Force.

"It's also alleged the victims were either shot by the accused or by subordinate ADF members under orders from the accused," Barrett further remarked.

Reports suggest Roberts-Smith allegedly killed an unarmed Afghan youth and forcibly kicked a handcuffed man off a cliff, directing that he be shot dead, the Reuters news agency stated. 

Amnesty International also reported that he was implicated in the shooting of a wounded man with a prosthetic leg.

In an official statement, the organisation praised Roberts-Smith's arrest as a "vital move towards worldwide justice and efforts for accountability."

A civil court has previously found the allegations similar to those against Roberts-Smith to be credible in a defamation case he initiated following several newspapers published stories in 2018 accusing him of various war crimes. 

In 2023, a federal judge dismissed Roberts-Smith's assertions, concluding he likely unlawfully killed four noncombatants in 2009 and 2012. 

While the civil court determined that these crimes were proved on a balance of probabilities, the criminal court requires proof beyond a reasonable doubt. In September, Australia’s High Court declined to hear an appeal, effectively ending his chances of overturning the decision.

The accusations come after a military report released in 2020 presented evidence that elite Australian SAS and commando regiment soldiers unlawfully killed 39 Afghan prisoners, farmers, and other civilians.

Roberts-Smith became widely known across Australia when he received the Victoria Cross in 2011, a prestigious medal designated for the bravest acts of bravery during wartime. 

He met Queen Elizabeth II, had his portrait displayed at the Australian War Museum, and was celebrated as the nation’s "father of the year."