Former Australian soldier Ben Roberts-Smith arrested over alleged war crimes
The 47-year-old Victoria Cross recipient was taken into custody at Sydney Airport and is expected to face five counts of war-crime murder tied to deaths of Afghan nationals between 2009 and 2012. The charges follow a years-long AFP and Office of the Special Investigator probe and a 2023 Federal Court finding that he was involved in the deaths of four unarmed men. He is due to appear in a NSW court later Tuesday.
Apr 7, 2026, 12:39 AM EDT
Why it matters:
- A former special forces soldier and Australia’s most decorated living soldier faces potential life imprisonment if convicted of war crimes. The case tests accountability for alleged killings of unarmed detainees during Australia’s longest war.
Driving the news:
- Ben Roberts-Smith was arrested at Sydney Airport on Tuesday and is expected to be charged with five counts of war-crime murder relating to the deaths of Afghan nationals between 2009 and 2012.
- AFP Commissioner Krissy Barrett said the victims were detained, unarmed and under ADF control when killed, and were not taking part in hostilities.
- He is due to appear in a NSW court later Tuesday.
State of play:
- The AFP and the Office of the Special Investigator (OSI) are addressing the media on the arrest and investigation details.
- The OSI said the case is one of 53 war-crimes allegations investigated since 2021, with 10 ongoing and 39 finalised without charges.
Between the lines:
- In a 2023 Federal Court defamation trial, Justice Anthony Besanko found on the balance of probabilities that Roberts-Smith was involved in the deaths of four unarmed men, ruling against him in his suit against Nine Newspapers.
- His appeal to the Full Federal Court was dismissed last year, and the High Court refused leave to appeal the civil findings.
- The defamation case included allegations he kicked a handcuffed man off a cliff and ordered him shot, and that he shot a prisoner at “Whiskey 108” in 2009.
By the numbers:
- Five counts of war-crime murder are expected, with a maximum penalty of life imprisonment per charge.
- The alleged killings span 2009 to 2012 across multiple incidents in Afghanistan.
What they're saying:
- “It will be alleged the victims were not taking part in hostilities at the time of their alleged murder in Afghanistan,” AFP Commissioner Krissy Barrett said.
- “It will be alleged the victims were detained, unarmed, and were under the control of ADF members when they were killed,” Barrett added.
- “It will be alleged the victims were shot by the accused or shot by subordinate members of the ADF in the presence of, and acting on the orders of the accused,” Barrett said.
Reality check:
- The defamation findings were made on the civil standard of the balance of probabilities, which is lower than the criminal standard of beyond reasonable doubt.
- The OSI said the investigation was complex and time-consuming because authorities could not access crime scenes in Afghanistan.
What to watch:
- Roberts-Smith’s court appearance later Tuesday and any bail decision.
- Whether the Commonwealth Director of Public Prosecutions sought government authorisation before the arrest, a question Prime Minister Anthony Albanese declined to answer.
The bottom line:
- A decorated ex-soldier faces war-crime murder charges tied to alleged killings of unarmed detainees in Afghanistan, with a trial that could redefine accountability for Australia’s special forces.