Ben Roberts-Smith and the war crime of murder

This episode of ABC News Daily examines the historic criminal charges against Ben Roberts-Smith, one of Australia's most decorated soldiers and a Victoria Cross recipient, who has been formally charged with five counts of the war crime of murder related to events in Afghanistan between 2006 and 2012. The charges allege that Roberts-Smith personally executed or directed subordinates to kill unarmed, detained Afghan civilians—non-combatants—during military operations, including incidents in April 2009 and September–October 2012. International law expert Don Rothwell explains the legal gravity of these charges, emphasizing that war crimes prosecutions require proof beyond a reasonable doubt, unlike the civil defamation case that preceded it. The episode traces the long and complex path to this moment, from media investigations in 2018 to the Brereton Inquiry and the establishment of the Office of the Special Investigator, which now leads the criminal probe. Despite the immense challenges—historical distance, lack of physical evidence from Afghanistan, and reliance on eyewitness testimony—this case represents a landmark moment in Australia’s commitment to upholding international humanitarian law. The episode also highlights the broader significance: Australia’s first war crimes prosecution of a serving military member, and the precedent it sets for accountability, even for national heroes.