A decorated soldier’s lawsuit against media organizations and three journalists for their reporting on alleged war crimes in Afghanistan was recently dismissed by an Australian court.
According to Australian media, Judge Anthony Besanko dismissed the defamation lawsuit after concluding that the newspapers had “proven several of the key allegations” of war crimes, including that Ben Roberts-Smith had participated in the murder of numerous unarmed Afghan civilians.
Against Australian newspapers The Sydney Morning Herald, The Age, and The Canberra Times as well as three journalists, war veteran Ben Roberts-Smith launched the lawsuit.
Justice Besanko issued a ruling that read in part: “The publisher had established the substantial truth of the imputations linked to allegations of unlawful killings in Afghanistan, and had established the contextual truth of imputations linked to allegations of bullying and domestic violence.”
According to a statement from the Australian Centre for International Justice (ACIJ), the Federal Court of Australia heard testimony from 42 witnesses, including three Afghans who appeared via video link from Kabul in July 2021 after traveling from the province of Uruzgan in the country’s center.
In 2018, a number of accounts were released, and Roberts-Smith, a recipient of the Victoria Cross, launched a lawsuit in federal court. He had disputed the journalistic assertions and stories. Despite having a clear criminal history up until this point, the ex-serviceman is also charged with domestic abuse and bullying a fellow service member, according to the ACIJ.
According to media reports, between 2009 and 2012, the veteran soldier allegedly committed war crimes in Afghanistan. “Today’s verdict is a vindication for public interest investigative journalism, which helped bring to light dozens of allegations of war crimes by Australian Special Forces members in Afghanistan,” the ACIJ said.
Investigative journalists “helped set in motion several processes to reckon with Australia’s legacy of military engagement in Afghanistan, ranging from criminal investigations to reform of military education and training on the laws of armed conflict,” according to the ACIJ, which praised the role of whistle-blowers, survivors, and human rights advocates from Afghanistan.
“The path to justice, truth, and accountability is a difficult one. This case serves as a crucial reminder that in order to succeed, we need brave public interest journalism, according to Fiona Nelson, legal advocacy director at the ACIJ.
The court decision, according to Nelson, will be “important in future proceedings relating to war crimes allegations when it comes to the meaningful participation of witnesses and victims from Afghanistan.”
The Afghan Human Rights and Democracy Organization’s executive director, Hadi Marifat, stated that the relatives of victims and survivors “have a right to full disclosure of the truth and acknowledgement of the harm caused by Australia’s military operations.”
