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The Australian War Memorial has revised a display honoring former soldier Ben Roberts-Smith following charges related to alleged war crimes involving the deaths of unarmed Afghan civilians.
Roberts-Smith, recognized as Australia’s most decorated living veteran of the Afghanistan conflict, was detained at Sydney’s domestic airport on Tuesday morning. The arrest follows accusations that he was involved in the murder of Afghan individuals while serving in the country from 2009 to 2012.
On Friday, Matt Anderson, the director of the Australian War Memorial, announced that the plaque dedicated to Roberts-Smith’s Victoria Cross has been updated to incorporate these recent developments.
“We’ve amended the interpretive panel associated with the display to acknowledge these most recent events. He remains on display for his actions on a particular day in Afghanistan that led to the award of the Victoria Cross,” he said.
In 2023, the memorial updated the plaque following a civil judgement by Federal Court justice Anthony Besanko, which found there was “substantial truth” to allegations Roberts-Smith had been “involved and complicit in unlawful killings in Afghanistan”. It also said Roberts-Smith had appealed the decision.
Besanko’s findings were on the balance of probabilities, rather than the criminal standard of beyond reasonable doubt.
Roberts-Smith appealed that decision to the full bench of the Federal Court but was unsuccessful, and a subsequent application for special leave to appeal to the High Court was refused.
He was charged on Tuesday afternoon over five alleged murders in Afghanistan, including two counts of murder and three counts of aiding and abetting murder.
A photo released on Tuesday afternoon by the Australian Federal Police (AFP) and Office of the Special Investigator (OSI) showed officers speaking to Roberts-Smith while standing on the aerobridge to a Qantas flight.
In a video, officers are seen escorting the disgraced former special forces soldier onto the tarmac and into a vehicle.
Earlier on Tuesday, AFP commissioner Krissy Barrett confirmed a 47-year-old former Australian Defence Force (ADF) member was expected to be charged with five counts of war crime murder but declined to directly name Roberts-Smith.
What charges does Ben Roberts-Smith face?
The OSI comprised of 54 investigators, launched an investigation into the soldier in 2021.
In collaboration with the AFP, it has launched 53 investigations involving allegations of war crimes by ADF members in Afghanistan, 39 of which have been provisionally finalised.
The charges Roberts-Smith faces relate to alleged unlawful killings of civilians in Afghanistan’s Uruzgan Province between 2009 and 2012.
The AFP and the OSI allege he intentionally caused the death of a person on or about 12 April 2009 at Kakarak, and separately aided, abetted, counselled or procured another person to do so on the same date and location.
He is also alleged to have aided, abetted, counselled or procured the intentional killing of a person on or about 11 September 2012 at Darwan.
Further charges relate to events on or about 20 October 2012 at Syahchow, where it is alleged he acted with another person to intentionally cause the death of an individual, and separately aided, abetted, counselled or procured another person to do the same.
“It will be alleged the victims were detained unarmed and were under the control of ADF members when they were killed,” Barrett told reporters on Tuesday.
Each of the offences carries a maximum penalty of life imprisonment.
Asked if others were involved in those matters, the Office of the Special Investigator said investigations were ongoing.
‘We don’t have crime scene access’
The OSI also defended its protracted investigation into Roberts-Smith.
“The challenge for investigators is that because we can’t go to that country, we don’t have access to the crime scene … We don’t have photographs, site plans, measurements, the recovery of projectiles, blood spatter analysis: all of those things we would normally get at a crime scene,” director of investigations Ross Barnett said.
“If you add to that, we don’t have access to the deceased,” he added.
“There’s no post-mortem; therefore, there’s no official cause of death. There’s no recovery of projectiles to link to weapons that might have been carried by members of the ADF.”
Prime Minister Anthony Albanese declined to comment on Tuesday, saying: “I’m not going to confirm anything to do with the legal matter.”
“That is a matter that is very important that there not be political engagement in what is a matter that is now the subject of legal proceedings, so I don’t intend to comment,” he said.
Meanwhile, the Returned and Services League of Australia (RSL) said it strongly supports the Australian judicial system and has confidence that it will thoroughly and fairly deal with the allegations.
RSL Australia national president Peter Tinley AM said: “As the current case goes before the courts, it must be allowed to run its course without interference.”
“Without doubt, the overwhelming majority of Australians who served in Afghanistan did so with honour, bravery and at significant personal cost. RSL Australia will not, and Australia should not, allow the alleged conduct of individuals to define the service of the many,” he added in a written statement.
“Regardless of the legal proceedings, RSL Australia’s primary responsibility is to the veteran community, and we are here to support all those who may be impacted. For those connected to the Special Forces, those involved in the proceedings, and those who may be called to testify, RSL Australia is here for you.”
The statement said the RSL’s 1,100 sub-branches across the country stood ready to provide support to anyone who needed it, with Tinley encouraging anyone “struggling with today’s news” to reach out to their RSL state branch or local sub-branch, or to any other veteran support services.
— With reporting by the Australian Associated Press.
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