Australia’s most decorated living soldier is now facing war crime murder charges, and he didn’t even try to get bail when the case came up in court. Ben Roberts-Smith, 47, remained in custody after his arrest earlier this week, as proceedings moved forward in Sydney on Wednesday.
Prosecutors allege the former Special Air Service Regiment corporal was involved in the unlawful killings of five Afghan nationals during deployments in 2009 and 2012.
Authorities claim he either directly shot the victims or ordered a subordinate to carry out the killings.
Roberts-Smith was charged Tuesday with five counts tied to war crime murder. When the matter was formally heard Wednesday, the charges were listed as two counts of war crime murder and three counts of aiding or abetting. All carry a potential sentence of life imprisonment under Australian law.
He did not appear in court, either in person or by video link. His legal team did not enter pleas and did not apply for bail. The case was adjourned until June 4.
The charges stem in part from a 2020 military inquiry that found evidence Australian special forces personnel unlawfully killed 39 Afghan prisoners, civilians, and other noncombatants during the country’s long-running involvement in Afghanistan. Around 40,000 Australian troops served in the conflict between 2001 and 2021, with 41 fatalities.
Under Australian law, war crime murder involves the intentional killing of a person not actively participating in hostilities, including civilians or prisoners.
Roberts-Smith, a recipient of both the Victoria Cross and the Medal of Gallantry, has previously faced similar allegations in civil court. In 2023, a federal judge ruled against him in a defamation case he brought over media reports published in 2018, finding it was substantially true that he had unlawfully killed four noncombatants.
That civil ruling was made on the balance of probabilities, a lower threshold than the criminal standard of beyond reasonable doubt required in the current case.
He is the second Australian Afghanistan veteran to face such charges.
Prosecutors allege the former Special Air Service Regiment corporal was involved in the unlawful killings of five Afghan nationals during deployments in 2009 and 2012.
Authorities claim he either directly shot the victims or ordered a subordinate to carry out the killings.
Roberts-Smith was charged Tuesday with five counts tied to war crime murder. When the matter was formally heard Wednesday, the charges were listed as two counts of war crime murder and three counts of aiding or abetting. All carry a potential sentence of life imprisonment under Australian law.
He did not appear in court, either in person or by video link. His legal team did not enter pleas and did not apply for bail. The case was adjourned until June 4.
The charges stem in part from a 2020 military inquiry that found evidence Australian special forces personnel unlawfully killed 39 Afghan prisoners, civilians, and other noncombatants during the country’s long-running involvement in Afghanistan. Around 40,000 Australian troops served in the conflict between 2001 and 2021, with 41 fatalities.
Under Australian law, war crime murder involves the intentional killing of a person not actively participating in hostilities, including civilians or prisoners.
Roberts-Smith, a recipient of both the Victoria Cross and the Medal of Gallantry, has previously faced similar allegations in civil court. In 2023, a federal judge ruled against him in a defamation case he brought over media reports published in 2018, finding it was substantially true that he had unlawfully killed four noncombatants.
That civil ruling was made on the balance of probabilities, a lower threshold than the criminal standard of beyond reasonable doubt required in the current case.
He is the second Australian Afghanistan veteran to face such charges.
