He’s Australia’s most decorated soldier. Now he’s at the centre of a historic war crimes case

A Pivotal Moment for Australia’s Military Legacy: The Trial of a Nation’s Hero

On a quiet Tuesday at Sydney’s airport, Ben Roberts-Smith was calmly led from a plane into a police vehicle, marking a dramatic shift in his life. The decorated veteran, once celebrated as a national icon, now faces five murder charges under the war crimes umbrella. This legal battle has thrust him into the spotlight, challenging Australia’s military reputation.

The Rise and Fall of a Hero

Roberts-Smith, who retired from the Australian Defence Force in 2013, was hailed for his valor during the Afghanistan conflict. He received the Victoria Cross, the highest military honor, for single-handedly thwarting a Taliban assault on his SAS unit. His return home was met with accolades, including a Father of the Year title and media coverage that turned him into a celebrity.

Three years ago, a civil defamation case revealed claims that he had killed unarmed Afghan detainees. The court ruled those allegations were substantially true, leading to his current criminal charges. Despite denying all accusations, Roberts-Smith accuses his peers of jealousy, calling the charges “egregious.” This case is now a test of Australia’s commitment to accountability in its military actions.

“For Roberts-Smith to now be charged with war crimes—multiple ones—is a significant cultural moment for a nation that has long revered its defense force members,” said Professor Donald Rothwell.

“This is unprecedented globally. We’ve never seen this before,” remarked Deane-Peter Baker, a scholar of special forces ethics.

The Brereton Report and a Special Watchdog

The charges against Roberts-Smith stem from a five-year investigation by the Office of the Special Investigator (OSI), established after the 2020 Brereton Report. That inquiry uncovered “credible evidence” of 39 unlawful killings by elite soldiers, prompting 19 ADF members to be scrutinized. While the OSI has completed 39 of its 53 investigations, only one other individual—Oliver Schulz—has been charged.

Ross Barnett, the OSI director, highlighted the challenges faced during the probe. Limited physical evidence and lack of cross-border cooperation with Afghanistan have complicated the process. “We don’t have photographs, site plans, or blood spatter analysis,” he explained. “Access to the deceased and crime scenes remains a hurdle.”

A Test of Military Ethics

The trial now places the onus on witness accounts, particularly from fellow soldiers. This has raised questions about the reliability of testimony in such cases. Baker, who reformed the ADF’s ethics training, noted that Roberts-Smith is the first Victoria Cross recipient to face war crime charges. “It’s rare to find equivalent awards holders in other Commonwealth nations with similar legal exposure,” he said.

The case symbolizes Australia’s evolving stance on its wartime conduct. While the nation has mythologized its military achievements, the prosecution of a decorated veteran signals a deeper reckoning with past actions. The outcome could redefine the legacy of Australian soldiers for generations to come.