Lead

Australia's most-decorated living soldier, Ben Roberts-Smith, has been charged with five counts of the war crime of murder, related to alleged incidents during his service in Afghanistan between 2009 and 2012. The charges, announced by the Australian Federal Police (AFP) and the Office of the Special Investigator (OSI), stem from a joint investigation. Roberts-Smith, who was arrested at Sydney Airport, denies all wrongdoing.

Coverage Comparison

Reports from ABC Australia and the BBC broadly agree on the core facts: Roberts-Smith faces five charges, the allegations relate to Afghanistan, and he maintains his innocence. However, the framing and additional context vary across outlets. ABC Australia's coverage has emphasized different angles, including the legal significance of the case, the community response, and the background of the defamation judgment. The BBC provided additional context, referencing the 2023 defamation judgment and the Brereton Report, which found credible evidence of unlawful killings by Australian soldiers.

Key Claims

  • Charges Filed: Roberts-Smith has been charged with five counts of the war crime of murder. According to the AFP, the charges include one count of murder, one of jointly commissioning a murder, and three of aiding, abetting, counselling, or procuring a murder. The alleged victims were unarmed Afghan nationals who were shot by Roberts-Smith or by soldiers acting on his orders, as reported by the BBC and ABC.
  • Denial of Wrongdoing: Roberts-Smith has consistently denied all allegations, previously describing them as "egregious" and "spiteful." This denial is reported by multiple sources.
  • Defamation Judgment: A 2023 defamation judgment found that Roberts-Smith had killed several unarmed Afghans, on the balance of probabilities. This finding was upheld on appeal, and the High Court refused to hear a further appeal. This context is provided by the BBC and ABC.
  • Brereton Report: In 2020, the Brereton Report found "credible evidence" that elite Australian soldiers unlawfully killed 39 people in Afghanistan, recommending investigations into 19 current or former ADF members. This report is cited by the BBC as part of the broader context.
  • Legal Framework: The case is expected to test Australia's war crimes legal framework, which was updated after Australia ratified the Rome Statute of the International Criminal Court. Professor Donald Rothwell of the Australian National University is quoted by ABC as saying this is the first modern war crimes trial in Australia in decades, noting Australia's obligation to prosecute its own citizens.
  • Compensation Scheme: The Afghanistan Inquiry Compensation Scheme offers financial compensation, help with repairs, or letters of apology to family members of those unlawfully killed or individuals who suffered unlawful assaults or property damage. About 100 applications have been made to the scheme, according to a single source (ABC).

Perspectives

Legal and Judicial Perspective: The case represents a historic test of Australia's war crimes laws, with legal experts highlighting its unprecedented nature. The outcome will likely set precedents for future prosecutions.

Public and Community Perspective: ABC's coverage notes that the case has sparked a significant community response, raising questions about accountability and justice for alleged war crimes.

Roberts-Smith's Defense Perspective: Roberts-Smith maintains his innocence, asserting that the allegations are "egregious" and "spiteful." He has previously argued that the killings occurred legally during combat or did not happen at all.

International and Historical Context: The BBC's coverage places the case within the broader context of the Brereton Report and the international scrutiny of Australian forces' conduct in Afghanistan, emphasizing the wider implications for Australia's military reputation.