Australia’s most decorated living soldier, Ben Roberts-Smith, has been arrested and charged with multiple war crimes over allegations that he unlawfully killed civilians while serving in Afghanistan.
The 47-year-old former corporal in Australia’s elite Special Air Service Regiment (SAS) was taken into custody at Sydney Airport on Tuesday. Authorities confirmed he faces five charges linked to the alleged war crime of murder and is expected to appear in court for a bail hearing on Wednesday.
According to the Australian Federal Police (AFP), Roberts-Smith is accused of killing unarmed detainees during military operations in Afghanistan between 2009 and 2012. The charges include one count of the war crime of murder, one count of jointly committing a murder, and three counts of aiding, abetting, counselling or procuring a murder.
AFP Commissioner Krissy Barrett said investigators will allege that some victims were either shot directly by Roberts-Smith or killed by subordinate members of the Australian Defence Force acting under his orders.
Roberts-Smith has strongly denied all allegations. The Victoria Cross recipient has previously described the claims as “egregious” and “spiteful,” maintaining that any deaths occurred during lawful combat operations or did not happen.
The accusations against him first became widely known after media reports in 2018 triggered a lengthy legal battle. Roberts-Smith sued several newspapers for defamation in a case that lasted seven years and became one of Australia’s most closely watched court proceedings.
In 2023, a Federal Court judge ruled against him in the civil case, finding on the balance of probabilities that he had participated in the unlawful killing of several unarmed Afghan men. The judge also found he had ordered the execution of detainees as part of a practice known as “blooding,” where junior soldiers were instructed to kill prisoners during operations.
The court also concluded he was involved in the killing of a handcuffed Afghan farmer who was allegedly kicked off a cliff and the death of a captured Taliban fighter whose prosthetic leg was reportedly taken as a trophy by soldiers.
Roberts-Smith appealed the ruling but lost the challenge last year.
The criminal charges stem from investigations launched after the release of the landmark Brereton Report in 2020. The inquiry found credible evidence that Australian special forces had unlawfully killed 39 people during the Afghanistan war and recommended that 19 current or former soldiers be investigated.
A special unit known as the Office of the Special Investigator (OSI) was created to examine the allegations and prepare potential criminal prosecutions.
Ross Barnett, director of investigations at the OSI, described the arrest as a significant development but noted the difficulties investigators face when examining alleged crimes committed in a distant war zone.
“We can’t go to that country, we don’t have access to the crime scenes,” Barnett said, adding that investigators also lack forensic evidence such as site plans, ballistic analysis or access to the victims’ remains.
Officials emphasized that the allegations relate to a small number of individuals within the Australian military.
Commissioner Barrett said the majority of the Australian Defence Force serve with professionalism and integrity and continue to make the country proud.
Prime Minister Anthony Albanese declined to comment on the case, stating that it is important for the legal process to proceed without political interference.
The Australian War Memorial also confirmed it will review its display honoring Roberts-Smith, which includes his uniform and medals. The exhibit has already been updated several times to reflect the ongoing allegations and court rulings.
Roberts-Smith was once widely regarded as a national hero after receiving the Victoria Cross, Australia’s highest military honour, for actions during a 2010 battle in Afghanistan where he helped repel Taliban fighters attacking his SAS unit.