Australia’s most decorated living soldier has been formally charged over alleged war crimes in Afghanistan.
Ben Roberts-Smith, who left the military in 2013, was arrested at Sydney Airport on Tuesday. He is facing five counts related to the war crime of murder and is expected to remain in custody overnight before a bail hearing on Wednesday.
A 2023 defamation ruling previously found that the former Special Air Service Regiment (SAS) corporal had been involved in the of several unarmed Afghan civilians. Roberts-Smith, now 47 and a recipient of the Victoria Cross, has consistently denied all allegations, describing them as “egregious” and “spiteful,” and noting they have not yet been proven under criminal law.
The civil case marked the first time an Australian court examined allegations of war crimes committed by the country’s. Roberts-Smith argued that the killings either occurred lawfully during combat or did not happen. He later lost an appeal against that ruling.
At a press conference on Tuesday, the Australian Federal Police confirmed the arrest of a 47-year-old former soldier, alleging he was responsible for the of unarmed detainees in Afghanistan between 2009 and 2012.
The charges include one count of murder, one count of jointly committing murder, and three counts of aiding, abetting, or facilitating murder. Authorities allege the victims were either shot by Roberts-Smith himself or by subordinates acting under his direction.
The case stems in part from the 2020 Brereton Report, a major investigation that uncovered credible evidence that Australian special forces unlawfully killed 39 people in Afghanistan. The report recommended investigations into 19 current and former military personnel.
Following the report, a dedicated body—the Office of the Special Investigator (OSI)—was established to pursue these cases. So far, only one other individual has been charged.
Officials acknowledged the challenges of investigating crimes in a war zone far from Australia, noting the lack of access to crime scenes, physical evidence, and witnesses.
Authorities emphasized that the allegations concern only a small portion of the military, stressing that most personnel serve with integrity.
Prime Minister Anthony Albanese declined to comment on the case, citing the importance of avoiding political interference while the matter is before the courts.
Meanwhile, the Australian War Memorial has announced it will once again review its display related to Roberts-Smith, which has been updated multiple times in light of the allegations and legal findings.
Once widely regarded as a national hero for his actions in Afghanistan, Roberts-Smith initiated a lengthy defamation lawsuit in 2018 to defend his reputation. The case, which lasted seven years and cost millions, became one of the most high-profile legal battles in Australia’s history.
Ultimately, a Federal Court judge concluded—on the balance of probabilities—that Roberts-Smith was involved in at least four unlawful killings. The ruling included findings that he ordered the execution of unarmed men to initiate junior soldiers and took part in the deaths of detainees under his control.
