War Crimes Appeal: Ben Roberts-Smith, Australia’s Elite Soldier, Seeks Justice

Ben Roberts-Smith: Australia‘s top soldier appeals over war crimes defamation trial

The Background

Ben Roberts-Smith, Australia‘s most decorated living soldier, is appealing against a landmark defamation judgement that found him guilty of committing war crimes. The judge ruled in favor of the articles published in Australian newspapers, alleging that Roberts-Smith murdered four Afghans. This is the first time in history that an Australian court has assessed claims of war crimes committed by Australian forces. While Roberts-Smith is not facing criminal charges, he continues to assert his innocence. The former special forces corporal sued three Australian newspapers over allegations of serious misconduct during his deployment in Afghanistan between 2009 and 2012.

The Case and Ruling

At the time the articles were published in 2018, Roberts-Smith was hailed as a national hero, having been awarded Australia‘s highest military honor, the Victoria Cross, for his courageous act of single-handedly overpowering Taliban fighters attacking his Special Air Service (SAS) platoon. However, he claims that the articles ruined his life by alleging that he had breached the moral and legal rules of war.

The defamation case, dubbed by some as “the trial of the century,” lasted 110 days and is rumored to have cost up to A$25 million. On 1 June, a Federal Court judge dismissed the case against The Age, The Sydney Morning Herald, and The Canberra Times, ruling that the articles were “substantially true” and that Roberts-Smith had indeed murdered unarmed Afghan prisoners and civilians while also bullying fellow soldiers. The judge also found that Roberts-Smith had lied to cover up his misconduct and had threatened witnesses. However, other allegations, such as punching his lover, threatening a peer, and committing two additional murders, were not proven to the required standard of “balance of probabilities” in civil cases.

The Appeal and Unknown Grounds

Ben Roberts-Smith has now filed an appeal against the defamation judgement, though the specific grounds for the appeal remain unknown. Regardless of the grounds, the filing sets the stage for a continued legal battle that could impact the reputation of Australia‘s top soldier and further examine allegations of war crimes committed by Australian forces.

A Possible Wider Reckoning

While Roberts-Smith has not been criminally charged for any of the claims made against him, the case highlights the potential for a wider reckoning over allegations of war crimes committed by Australian forces. In 2020, the Brereton Report, a landmark investigation, unveiled “credible evidence” of unlawful killings by elite Australian soldiers in Afghanistan. The report recommended the investigation of 19 current or former soldiers for alleged murders of prisoners and civilians between 2009 and 2013.

Conclusion and Implications

The appeal filed by Ben Roberts-Smith in his defamation case raises important questions about the accountability of soldiers accused of war crimes. It is crucial for the Australian legal system to carefully assess the allegations and evidence presented in both the defamation trial and the previously released Brereton Report. This includes examining the conduct of Australian forces during their deployment in Afghanistan between 2001 and 2021, and ensuring a fair and just evaluation of potential war crimes.

This case also serves as a reminder of the complexities and moral dilemmas faced by soldiers in conflict zones. It prompts a broader discussion about the ethical challenges of warfare and the importance of adhering to international standards and treaties governing the conduct of armed forces.

As the appeal unfolds, it is essential that all parties involved, including the media, the legal system, and the public, maintain a commitment to fairness, evidence-based decision-making, and the principle of innocent until proven guilty. Only through a rigorous and impartial examination of the allegations can justice be served and the truth revealed.