An Australian former soldier accused of war crimes in Afghanistan remained in custody on Wednesday after appearing in a Sydney court, where his lawyers did not seek bail.
The defendant, Ben Roberts-Smith, faces five charges related to the murder of unarmed Afghan civilians during deployments between 2009 and 2012, including two counts of war crime murder and three counts of aiding or abetting such killings. All charges carry a potential sentence of life imprisonment.
Prosecutors allege that Roberts-Smith, a former corporal in Australia’s elite Special Air Service, either shot detainees himself or ordered subordinates to kill them in separate incidents in Uruzgan Province, where Australian forces were stationed.
The charges include allegations that he was involved in killings in Kakarak in 2009 and in Darwan and Syahchow in 2012.
Under Australian law, war crime murder is defined as the intentional killing of a person not taking part in hostilities, including civilians and detainees.
Roberts-Smith, 47, was arrested at Sydney Airport on Tuesday and did not appear in court in person or by video link. His lawyers did not enter pleas. The case was adjourned until June 4.
Broader investigations
The charges stem in part from a 2020 military inquiry that found credible evidence that Australian special forces unlawfully killed 39 Afghan civilians, prisoners and others during the war.
More than 39,000 Australian troops served in Afghanistan between 2001 and 2021.
Roberts-Smith is the second Australian veteran of that conflict to face criminal charges over alleged war crimes. Another former soldier, Oliver Schulz, has pleaded not guilty to a separate charge and is awaiting trial.
Previous civil findings
The allegations against Roberts-Smith have also been examined in civil court. In 2023, a federal judge dismissed a defamation case he had brought against newspapers that accused him of unlawful killings, finding that several of the allegations were substantially true on the balance of probabilities.
Criminal proceedings, however, require proof beyond a reasonable doubt.
Prime Minister Anthony Albanese described the case as a “difficult time” for the Australian Defense Force but declined to comment on the legal process.
Opposition figures have called for the government to fund legal defenses for soldiers facing prosecution, citing the importance of ensuring fair trials and the presumption of innocence.
