AUSTRALIA’S most decorated living military veteran, Ben Roberts-Smith, faces war crime charges over the killing of five unarmed Afghans while serving in Afghanistan in 2009 and 2012, police and media reported today.

Police have not confirmed the name of the 47-year-old former soldier, but media reports have identified him as Mr Roberts-Smith, a former Special Air Service Regiment (SAS) corporal who was awarded the Victoria Cross by King Charles — then Prince of Wales — in 2011. He had already received the Medal of Gallantry in 2006 for his service in Afghanistan.

Police arrested Mr Roberts-Smith at Sydney airport today after he arrived from Brisbane and charged him with five counts of war crime murder. He will make his first court appearance tomorrow, a police statement said, when he could apply for bail.

Mr Roberts-Smith is only the second Australian veteran of the Afghanistan campaign to be charged with a war crime.

Former SAS soldier Oliver Schulz, 44, has pleaded not guilty to a charge of war crime murder. He is accused of shooting Afghan man Dad Mohammad three times in the head in a wheat field in Uruzgan province in May 2012.

War crime murder carries a potential sentence of life in prison. It’s a federal crime in Australia, defined as the intentional killing in the context of armed conflict of a person not taking an active part in hostilities, such as civilians, prisoners of war or wounded soldiers.

“It will be alleged that the victims were not taking part in hostilities at the time of their alleged murder in Afghanistan. It will be alleged the victims were detained, unarmed and were under the control of Australian Defence Force (ADF) members when they were killed,” Australian Federal Police commissioner Krissy Barrett told reporters today.

“It will be alleged the victims were shot by the accused or shot by subordinate members of the ADF in the presence of and acting on the orders of the accused.”

A civil court has already found similar allegations against Mr Roberts-Smith credible after her sued several newspapers for defamation over articles published in 2018. In 2023, a federal judge rejected his claims and ruled that he probably killed four non-combatants unlawfully in 2009 and 2012.

However, the new charges would have to be proved in a criminal court to the higher standard of beyond reasonable doubt.

A military report published in 2020 found evidence that Australian SAS and commando regiment troops had unlawfully killed 39 Afghan prisoners, farmers and other non-combatants.