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Historic charges laid against war hero
Ben Roberts-Smith, Australia's most decorated living soldier, was escorted from a Sydney airport flight on Tuesday and formally charged with five counts of war crime murder. The case marks a pivotal moment in the nation's reckoning with alleged misconduct by special forces in Afghanistan.
From national icon to criminal defendant
Roberts-Smith, a former Special Air Service (SAS) corporal and Victoria Cross recipient, left the Australian Defence Force (ADF) in 2013 as a celebrated figure. He earned the nation's highest military honor for single-handedly repelling Taliban attackers during a 2010 firefight. Upon his return, he became a public fixture-featured on magazine covers, awarded corporate board seats, and even named Father of the Year.
His reputation unraveled in 2018 when Nine newspapers published allegations of unlawful killings, prisoner abuse, and bullying during his SAS deployments. Roberts-Smith denied all claims, launching a seven-year defamation battle that cost millions and was dubbed Australia's "trial of the century." In 2023, a Federal Court ruled the reports of four murders were "substantially true," a decision upheld on appeal.
Legal and cultural reckoning
The charges stem from a five-year investigation by the Office of the Special Investigator (OSI), formed after the 2020 Brereton Report found "credible evidence" of 39 unlawful killings by Australian troops. While the OSI has opened 53 cases, only two-Roberts-Smith and former SAS soldier Oliver Schulz-have resulted in charges so far.
"We're confronting challenging circumstances, including no access to crime scenes or physical evidence from Afghanistan,"
Ross Barnett, OSI Director of Investigations
Prosecutors face hurdles: no forensic evidence, reluctant military witnesses, and potential jury bias given Roberts-Smith's fame. Legal experts say a trial could take years, with Schulz's case-charged in 2023-still awaiting a 2025 court date.
National identity at stake
The case has divided Australia, testing its reverence for the military's "Anzac spirit." Surveys show eroding public trust in the ADF, while some veterans describe the investigations as "persecution." High-profile supporters, including mining magnate Gina Rinehart and former Prime Minister Tony Abbott, have criticized the probes as unjust.
"This will tug at the heartstrings of millions. It tests our respect for Australian values and our reverence for those who risked their lives to protect us."
Former Prime Minister John Howard
Others argue accountability is essential. Soldier-turned-MP Andrew Hastie, who testified against Roberts-Smith in the defamation trial, acknowledged the pain of the process but stressed: "None of us are above the law."
Global implications
Roberts-Smith is believed to be the first Victoria Cross recipient charged with war crimes, a milestone in international military justice. Ethics scholar Deane-Peter Baker called the case a rare example of a nation holding its heroes accountable, while historian Peter Stanley noted it could set a precedent for allies like the UK, which has launched similar inquiries.
"This is a moment Australians should be proud of. It shows a commitment to ethics and the rule of law that is unfortunately rare among nations."
Deane-Peter Baker, Special Forces Ethics Scholar
If convicted, Roberts-Smith faces life imprisonment-a stark fall from grace for a man once hailed as a national symbol of courage.
