On April 7, Australian police arrested Ben Roberts-Smith, a decorated Australian soldier who stands accused of committing five counts of war crimes in Afghanistan between 2009 and 2012.
Many of the details of Roberts-Smith’s alleged crimes were made public when he sued media outlets that had first reported on the allegations. He lost the defamation case.
For victims of abuses in Afghanistan, this is a long-awaited but significant step toward accountability.
Almost six years have passed since the release of the Independent Afghanistan Inquiry (known as the Brereton Report), which detailed alleged war crimes committed by Australian Special Forces in Afghanistan spanning 2005 to 2016. So far no one has stood trial for these crimes, and no victims or their families are known to have been compensated.
In March 2023, Australian police made their first arrest of a soldier for war crimes in Afghanistan. Oliver Schulz is accused of murdering an Afghan civilian in 2012; however, his trial, which has been plagued by delays, will not begin until 2027.
In addition to identifying some of the alleged war crimes that led to Schulz and Roberts-Smith’s arrests, the Brereton Report recommended the Australian government pay compensation to survivors and families of victims unlawfully killed without waiting for the establishment of individual criminal liability.
After many years of advocacy by victims and rights groups, in October 2024 the Department of Defence laid out a compensation scheme for victims and family members of victims of incidents identified in the report. However, the scheme falls short, lacking due process safeguards, clear criteria on compensation, and a requirement to inform and consult with victims. There is currently no publicly available information indicating that any compensation has been paid.
Despite the sluggish pace of justice for Afghan victims, Roberts-Smith’s arrest sends a powerful message to Australia’s armed forces that even those deemed “war heroes” are not above the law. It also sets a striking example for other countries about the importance of adhering to international law and pressing for accountability, no matter how long it takes. This latest arrest should be backed by continuing efforts to identify and hold accountable all those responsible for war crimes in Afghanistan and elsewhere, and to ensure victims receive their rightful compensation.
