The Full Court of the Federal Court of Australia has upheld a lower court's findings regarding former Special Air Service (SAS) corporal Ben Roberts-Smith, rejecting his appeal against a ruling that found him guilty of committing war crimes in Afghanistan.

The court dismissed the appeal on November 10, 2023, describing Roberts-Smith's actions in killing an unarmed man with a prosthetic leg as indicative of 'a certain recklessness or perhaps even brazenness.'

Roberts-Smith, who is Australia’s most decorated living soldier and a Victoria Cross recipient, initiated legal proceedings against _The Age_ and _The Sydney Morning Herald_ in 2018, claiming defamation following the publication of articles that labeled him a war criminal.

His original trial, which spanned over 100 days from 2021 to July 2022, included extensive witness testimony and culminated in a decision that upheld the newspapers' defense based on factual accuracy.

In a 2023 ruling, the Federal Court judge, Anthony Besanko, found that evidence presented was sufficient to support the newspapers' claims that Roberts-Smith had direct involvement in the killings of four unarmed prisoners while deployed in Afghanistan from 2009 to 2012.

The court detailed an instance in which Roberts-Smith allegedly shot a man with a prosthetic leg outside a compound known as Whiskey 108 on Easter Sunday, 2009. The Full Court noted the presence of three independent eyewitnesses, stating, 'it is a rare murder that is witnessed by three independent witnesses.' This testimony played a crucial role in the court's findings, contrasting with Roberts-Smith's legal team's efforts to cast doubt on the evidence.

In addressing the situation at Whiskey 108, the court highlighted testimonies that described the aggressive handling of prisoners and a burst of machine-gun fire, supporting allegations against Roberts-Smith.

One eyewitness, a former SAS soldier, emphasized the clarity of his recollection, stating that a watched execution remains vivid despite the passage of time.

Roberts-Smith’s defamation action has emerged as one of the largest and most expensive defamation trials in Australian history, with combined legal costs exceeding $30 million.

The appeal process incurred an additional $4 million in expenses.

While Kerry Stokes, chairman of Seven West Media, financed the initial defamation trial, he did not cover the costs for the appeal, which Roberts-Smith challenged by depositing $910,000 as security.

The gravity of the court's findings included separate allegations that Roberts-Smith had engaged in two murders during the same mission and was implicated in the murder of an Afghan villager, Ali Jan, in September 2012. In total, the evidence against Roberts-Smith included proven allegations of assaulting unarmed Afghan prisoners and bullying a fellow soldier.

While the court did not corroborate one alleged incident of domestic violence, the overall findings resulted in significant reputational harm to Roberts-Smith.

The Federal Court's ruling has prompted Roberts-Smith to signal a potential appeal to the High Court of Australia.

Overall, this case serves as a critical examination of the accountability of military personnel and the serious implications of war crimes allegations, particularly concerning actions taken during combat deployments.