Former special forces operator Ben Roberts-Smith stands accused of executing unarmed prisoners during his deployment in Afghanistan. The decorated soldier faces five separate charges related to alleged murders committed between 2009 and 2012.
Australian Federal Police detained the celebrated veteran on Tuesday after he was formally refused bail. He is scheduled to appear before the court on Wednesday to respond to the serious allegations against him.
Prosecutors contend that Roberts-Smith kicked one detainee off a steep cliff before ordering his immediate execution by other troops. He allegedly used a prosthetic leg to murder another prisoner who was already under detention and posing no threat.
The alleged incidents occurred during his deployment to Afghanistan between 2009 and 2012 while he served with the elite Special Air Service Regiment.
These specific acts of brutality form the basis of two separate murder charges contained within the indictment against the Victoria Cross recipient.
Investigators believe the former SAS corporal personally executed two captured civilians with his own weapon during separate incidents. He is also accused of directing subordinates to shoot three additional victims, including one killing that reportedly served as a gruesome initiation for a new team member.
This alleged practice of forcing inexperienced soldiers to kill prisoners, known as blooding, was reportedly intended to harden recruits for future combat operations. Such orders would constitute serious violations of international humanitarian law and Australian military regulations governing the treatment of detainees.
Australian Federal Police Commissioner Krissy Barrett addressed the media regarding the nature of the victims and the circumstances surrounding their deaths.
it will be alleged the victims were not taking part in hostilities, were detained, unarmed, and… under the control of [Australian Defence Force] members when they were killed.
Barrett confirmed that the investigation established the detainees posed no threat to Australian forces at the time of their deaths. Her statement directly contradicts Roberts-Smith’s previous claims that all individuals killed during his operations were legitimate combatants.
Authorities conducted an extensive five-year inquiry that involved intercepting telephone communications both domestically and internationally.
Former comrades from the special forces regiment provided crucial testimony against their former colleague, helping investigators piece together the alleged battlefield crimes. Detectives also gathered forensic evidence and analyzed operational reports from the specific missions where the alleged killings took place.
The investigation required coordination between multiple agencies and involved reviewing classified material related to Australia’s controversial special forces deployment in Afghanistan.
In 2023, the Victoria Cross recipient suffered a humiliating defeat in a defamation lawsuit he filed against news organizations that first exposed his alleged conduct.
Australia’s Federal Court upheld that ruling in May of last year, effectively validating the journalism that portrayed him as a war criminal.
Throughout that civil trial and subsequent appeals, Roberts-Smith maintained that he never engaged in unlawful killings during his military service. The adverse findings in that civil case likely influenced the Commonwealth Director of Public Prosecutions’ decision to authorize these criminal charges.
Another special forces operator faces separate murder charges related to the Afghan conflict, with proceedings set to begin in February of next year. Roberts-Smith maintains his absolute innocence regarding all charges, though he now confronts the possibility of spending the remainder of his life in prison if convicted.
His case represents the most high-profile prosecution of an Australian soldier for alleged war crimes since the country joined the conflict in Afghanistan. Legal experts anticipate that the trial will scrutinize the culture of secrecy within the special forces and the chain of command during that deployment.