The arrest of Ben Roberts-Smith, Australia’s most highly decorated living military figure, on allegations of war crimes committed during his service in Afghanistan has drawn widespread attention, extending far beyond the "land down under".
The case forms part of a broader reckoning with the legacy of the US-led “War on Terror” following the September 11 attacks, and its lasting impact on global security and regional dynamics.
Much of the defence of Roberts-Smith has echoed a familiar argument often invoked in response to allegations of battlefield misconduct: that soldiers operating in the fog of war are forced to make decisions civilians cannot fully comprehend. Historically, courts in various jurisdictions have shown a degree of leniency toward such conduct, as noted in an analysis by The Diplomat.
Prosecutors allege that Roberts-Smith unlawfully killed five individuals in Afghanistan between 2009 and 2011, charges that could carry a maximum penalty of life imprisonment for each count.
Australian Federal Police Commissioner Krissy Barrett said at a press conference in Sydney that “it will be alleged the victims were not taking part in hostilities at the time of their alleged murder in Afghanistan.”
His arrest at Sydney Airport this week follows Roberts-Smith’s failed defamation case against journalists from major Australian outlets (The Age, The Sydney Morning Herald, and The Canberra Times) who were first to report that he was “complicit in and responsible for the murder” of unarmed Afghan men. In 2023, a judge ruled that the journalists had not defamed him, finding that, on the balance of probabilities, the allegations were true. The decision was later upheld by the Full Court of the Federal Court of Australia.
Among the most serious accusations is a claim that Roberts-Smith pushed a handcuffed, unarmed Afghan man off a cliff into a dry riverbed before ordering a subordinate to shoot him.
Dark precedent of war crimes committed by military personnel
While the case has sent shockwaves through Australia’s military community and society as a whole, it is not the first time allegations of misconduct by Australian forces in Afghanistan have surfaced.
The Brereton Report was produced following a four-year inquiry by Australia's Defence Forces into such allegations, detailing a “warrior culture” within parts of the military, including unlawful killings and initiation practices known as “blooding” — described as violent hazing rituals intended to normalise combat behaviour, as The Diplomat recalls.
The report found “credible evidence” that elite soldiers unlawfully killed 39 people and recommended investigations into 19 current or former members of the Australian Defence Force.
A dedicated body, the Office of the Special Investigator, was established to pursue these cases, though progress has been slow. Of 53 investigations launched, 39 have been completed, with only one other individual charged so far — former SAS soldier Oliver Schulz.
"For Roberts-Smith to now be charged with war crimes - and not just one, but multiple war crimes - is a very significant cultural and social moment for a country that, for much of its history… has placed a lot of store in the exploits and contributions of the members of its defence forces," said Donald Rothwell in comments to the BBC.
The implications extend beyond Australia. "We've never seen this before," said Deane-Peter Baker, highlighting the unprecedented nature of prosecuting such a highly decorated veteran.
Multiple countries, including Azerbaijan, were involved to some degree in the military and/or peacekeeping operations in Afghanistan and Iraq following the launch of the "War on Terror," led by Washington. Since then, Australia has not been alone in confronting allegations of misconduct by its armed forces, with similar investigations ongoing in the United States and the United Kingdom over actions committed during the conflict.
By Nazrin Sadigova
