Australia’s most decorated living soldier charged amid fierce debate over war crimes allegations

Australian authorities person arrested and charged nan country's astir dressed up surviving soldier, Ben Roberts-Smith, 47, pinch 5 warfare crime murders allegedly committed during nan war successful Afghanistan.

Roberts-Smith, a erstwhile personnel of nan Australian Defence Force, was arrested astatine Sydney Airport connected Tuesday. His apprehension has sparked outcry from a erstwhile Australian premier minister, who based on its unfair to judge nan actions of "men successful mortal combat by nan standards of mean civilian life." X proprietor Elon Musk besides weighed successful connected nan arrest, calling it "insane."

The Australian Federal Police and nan Office of nan Special Investigator said Roberts-Smith is being charged successful relationship pinch nan killings of 5 unarmed Afghans successful 3 abstracted incidents betwixt 2009 and 2012. AFP Commissioner Krissy Barrett alleged that Roberts-Smith either killed nan unarmed Afghans himself aliases instructed a subordinate to termination them. If convicted, Roberts-Smith faces life imprisonment connected each charge.

"It will beryllium alleged nan victims were not taking portion successful hostilities astatine nan clip of their alleged execution successful Afghanistan," Barrett said during a property conference. "It will beryllium alleged nan victims were detained, unarmed and were nether nan power of ADF members erstwhile they were killed."

NEW CHARGES AGAINST DC NATIONAL GUARD SHOOTING SUSPECT OPEN DEATH PENALTY DOOR

FILE - Ben Roberts-Smith arrives astatine nan Federal Court successful Sydney connected June 9, 2021. Australia’s astir dressed up surviving warfare seasoned lodged an entreaty connected Tuesday, July 11, 2023, against a civilian tribunal ruling that blamed him for nan unlawful killings of 4 Afghans. (AP Photo/Rick Rycroft, File) (Rick Rycroft/AP)

The investigation into Roberts-Smith began successful 2021, according to Ross Barnett, head of investigations astatine nan Office of nan Special Investigator. Roberts-Smith received nan Victoria Cross aft storming 2 force instrumentality guns during his 5th circuit successful Afghanistan.

Barnett said astatine nan property convention that nan investigation was "under challenging circumstances," fixed that immoderate of nan murders occurred good complete a decade agone and investigators were incapable to sojourn Afghanistan.

"We don’t person entree to nan crime scenes, we don’t person photographs, tract plans, measurements, nan betterment of projectiles, humor spatter analysis, each of those things we would usually get astatine a crime scene," Barnett said astatine nan property conference.

TRUMP’S DC GUARD DEPLOYMENT DIDN’T FUEL VIOLENCE — BIDEN'S AFGHAN VETTING BREAKDOWN DID

Corporal Ben Roberts-Smith VC, MG attends a Victoria Cross and George Cross Association Reunion Service astatine St. Martin-in-the-Fields Church connected May 30, 2012 successful London, England. (Max Mumby / Indigo / Getty Images)

While Australia's existent premier curate has yet to measurement successful connected nan arrest, erstwhile Australian Prime Minister and leader of nan Liberal Party Tony Abbott expressed his support for Roberts-Smith connected X successful a lengthy post.

"If Ben Roberts-Smith transgressed, why wasn’t this picked up anterior to his gallantry awards and why wasn’t immoderate civilization of brutality towards prisoners detected by his much elder officers, and dealt pinch quickly, alternatively than being allowed to fester, arsenic has been alleged, for complete a decade?" Abbott wrote.

Allegations that Roberts-Smith engaged successful war crimes began circulating publically successful 2017 and 2018 successful articles published by The Age, nan Sydney Morning Herald and The Canberra Times.

Roberts-Smith revenge a defamation suit against nan papers, which became Australia's astir costly defamation trial, but successful 2023, a Federal Court judge ruled that 4 of nan six execution allegations brought by nan papers against Roberts-Smith were legitimate.

In 1 of nan allegations ruled to person merit by Justice Anthony Besanko, Roberts-Smith allegedly marched a handcuffed Afghan man named Ali Jan disconnected nan separator of a 10-meter cliff. He survived nan fall, but Roberts-Smith and his chap soldiers walked down a footpath to meet him. Roberts-Smith past ordered a subordinate, known arsenic Person 11 successful court, to sprout him.

SYDNEY, AUSTRALIA - JUNE 07: Ben Roberts-Smith departs nan Federal Court of Australia successful Sydney connected June 07, 2021 successful Sydney, Australia. Ben Roberts-Smith is suing 3 Fairfax newspapers for defamation complete reports he committed warfare crimes while serving successful nan Australian Special Air Services successful Afghanistan. Ben Roberts-Smith is Australia's astir dressed up surviving worker and a Victoria Cross recipient. (Sam Mooy / Getty Images)

CLICK HERE TO DOWNLOAD THE FOX NEWS APP

The High Court dismissed Roberts-Smith's appeal of nan ruling successful September 2025.

The criminal charges against Roberts-Smith stem from a associated effort by OSI and AFP. The 2 Australian agencies person conducted 53 investigations into ADF members tied to warfare crime allegations successful Afghanistan. Ten of nan investigations stay ongoing.