Ben Roberts-Smith loses appeal against defamation ruling he committed war crimes in Afghanistan
GuardianMAY 26
Australia: Ex-Soldier Loses Appeal in War Crimes Case
Above: Former member of Australia's elite Special Air Service regiment Ben Roberts-Smith leaves the Federal Court in Sydney, Australia, on May 1, 2025. Image copyright: Saeed Khan/Contributor/AFP via Getty Images
The Spin
Narrative A
These judges deserve praise for their resolute dismissal of Ben Roberts-Smith's baseless appeal and his attempt to discredit journalist Nick McKenzie. Their ruling upholds truth and journalistic integrity, rejecting a doctored recording and affirming McKenzie's credibility. Roberts-Smith's actions, including alleged war crimes, demand more than civil penalties — criminal prosecution is essential to ensure complete justice and accountability.
Narrative B
There is no conceivable reason for this ruling other than bias against Roberts-Smith. Not only is there an audio recording of McKenzie admitting his tactics were unethical, but text messages, too. If the evidence against Australia's most beloved soldier was so strong, why would a reputable journalist need to commit crimes to prove it? This sets a terrifying precedent for anyone facing defamation.
Cynical narrative
While soldiers who murder civilians in cold blood should receive their day in court, this story should be about more than just Roberts-Smith. The lawmakers who start these wars and the media that celebrate them are all at fault for the Western-backed bloodshed across the world. If Australians truly cared about stopping war crimes, they'd start by calling for an end to every war — from Iraq to Gaza to Ukraine.