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Oliver Schulz. Serious-faced man in dark coat and tie, woman partially visible behind, dark vehicle in background
✓ ThenightlyPower & Policy

Oliver Schulz plans superior orders defence in SAS war crimes trial

Oliver Schulz will use a superior orders defence in Australia's first soldier war crimes trial.

Oliver Schulz is a former SAS private. He will use a 'superior orders' defence at his murder trial.

His trial begins in February 2027. His barrister told a New South Wales Supreme Court judge this on Tuesday.

Schulz is accused of shooting an Afghan man in a field in 2012. A video recorded and broadcast by the ABC shows the killing.

Oliver Schulz's prosecution is the first test of Australia's war crimes laws. It applies to a soldier by a civilian court.

This defence was used at the Nuremberg and Tokyo trials after World War II. It argues he acted on military instruction.

His trial is seen as a test case before the prosecution of fellow former SAS soldier Ben Roberts-Smith. Ben Roberts-Smith faces five murder charges.

His trial remains years away.

February 2027
Trial start date
2012, field shooting
Incident year
About 300 million dollars over six years
OSI budget
Ten underway as of May
Active investigations

Why it mattersIf the defence succeeds, it could reshape how Australian soldiers are prosecuted for killings in conflict zones. It could force scrutiny of military orders during the Afghanistan war.

AustraliaThe trial outcome will set a legal precedent affecting how Australia prosecutes military personnel for war crimes and may influence dozens of other investigations into special forces conduct.

✓ Claims checked against the source. checked 2 h ago

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