Decorated SAS veteran Oliver Schulz was the first Australian Defence Force member to be charged with the war crime of murder under domestic law.

Footage of the former trooper allegedly shooting an Afghan father-of-two in southern Afghanistan in 2012 was broadcast in an episode of ABC's Four Corners in 2020.

He and his squad appeared to approach a man, aged 25 or 26, named Dad Mohammad in a wheat field in the Uruzgan province.

'Do you want me to drop this c***?' Schulz can allegedly be heard saying three times in the video, which was shown to a courtroom during a committal hearing in May last year.

At close range, Schulz then allegedly appeared to fire three shots at the man, who lay on his back with knees raised and hands outstretched – one holding prayer beads. 

Schulz, now aged 44, was charged in 2023 after he was arrested in Goulburn in the NSW Southern Highlands.

The 44-year-old, who was awarded the Commendation for Gallantry for his service in Afghanistan, pleaded not guilty in October last year to the offence. His case has been listed for trial in February next year in the NSW Supreme Court.

The allegations against Schulz form part of a broader investigation, with the AFP and Office of the Special Investigator (OSI) launching 53 inquiries into alleged war crimes by the ADF in Afghanistan. 

The most recent of these saw Australia's most decorated soldier, and Victoria Cross recipient, Ben Roberts-Smith, arrested on Tuesday and charged with five counts of war crime murder. He has always denied any wrongdoing.

Of the 53 investigations, 39 are not currently being actively pursued, pending further evidence. 

Ten investigations into allegations of criminal offences under Australian law related to breaches of the Laws of Armed Conflict by ADF personnel are ongoing.

One investigation, that of Schulz, resulted in him being charged with murder.

With his trial expected to take place in 2027, possibly long before that of Roberts-Smith, this has raised questions about the implementation of the legal process.

Murdoch University history lecturer Paul Taucher noted in The Conversation in October last year that the trial would 'set an important precedent for future cases'.

'A key aspect of war crimes law is proportionality,' he said.  

'Under Australian law, the charge of murder as a war crime can be dismissed if the defence can show that the death was both unexpected and proportional to the expected outcome of a genuine military objective.

'The definition of proportionality in war crimes trials has not been settled, so what is clearly proportional, what is not, and what is in the grey zone will likely need to be addressed in this trial.'

Mr Taucher also noted that the trial will set another important precedent, that 'Australian soldiers are not above international law'.

'The Schulz trial provides the government a chance to apply war crimes law consistently and fairly,' he said. 

'By clearly showing that Australian soldiers like Schulz are not immune to prosecution, the government can demonstrate Australia’s long and vaunted commitment to international law is more than just talk.'