One of Australia’s Most Decorated Soldiers Charged With 5 Alleged War Crime Murders

The Australian Federal Police (AFP) have arrested the country’s most decorated soldier Ben Roberts-Smith for five counts of the war crime of murder.

The arrest comes after Roberts-Smith was accused of committing war crimes in Afghanistan in a series of investigative media pieces, which he responded to by suing the related outlets for defamation—cases he ultimately loss.

In the latest development, the 47-year-old was taken into custody at Sydney Airport on April 7 morning and is expected to appear in a New South Wales court later on the same day.

AFP Commissioner Krissy Barrett confirmed the charges were related to murder committed in Afghanistan between 2009 and 2012.

The offences include multiple counts of murder, as well as allegations of aiding, abetting, counselling or procuring the killing of five individuals in Uruzgan Province.

“The maximum penalty for the offence of war crime—murder is life imprisonment,” she said.

Allegations And Investigation

Authorities allege the victims were unarmed Afghan nationals who were not involved in hostilities at the time of the incidents.

“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 at a media conference in Sydney.

The charges stem from a “complex” investigation launched in 2021, which officials say has been conducted “thoroughly and meticulously.”

The Office of the Special Investigator (OSI) and the AFP examined allegations of breaches of the Laws of Armed Conflict involving personnel deployed in Afghanistan between 2005 and 2016.

OSI Director of Investigations Ross Barnett described the arrest as a key development, while emphasising legal safeguards.

Roberts-Smith’s arrest was a “significant step” under “challenging circumstances” and he was “entitled to the presumption of innocence until determined otherwise.”

The case forms part of a broader investigative effort.

Since 2021, 53 matters have been examined, with 39 finalised without charges and 10 still under investigation.

Barrett stressed the allegations relate to a small number of individuals.

“The alleged conduct related to these charges is confined to a very small section of our trusted and respected ADF which keeps our country safe,” she said.

The Defamation Trial

The case follows his high-profile defamation loss in 2023.

The decorated war veteran and Victoria Cross recipient failed in his legal action against The Age, The Sydney Morning Herald and The Canberra Times, which had published allegations of war crimes and misconduct during his service in Afghanistan.

Roberts-Smith had argued the reporting was defamatory, denying claims he was involved in unlawful killings, the bullying of Special Air Service (SAS) personnel, and assault.

However, in a landmark ruling on June 1, Federal Court Justice Anthony Besanko found the allegations were substantially true.

The judgment followed one of Australia’s longest and most expensive defamation trials, spanning 110 days, involving 41 witnesses, and costing more than $25 million in legal fees.

Political Leaders Respond

Prime Minister Anthony Albanese declined to comment on the case, citing the need to avoid interfering in legal proceedings.

“I have no intention of prejudicing a matter that clearly is a legal matter and that’s before the courts and any comment would do so,” he told reporters during a press conference on April 7.

He also avoided addressing whether the Commonwealth Director of Public Prosecutions had sought government authorisation prior to the arrest.

Opposition Leader Angus Taylor said the case should be allowed to proceed through the courts, while cautioning against broader implications for the defence force.

“But we also need to respect the role of our special forces, the vast majority of our special forces do the right thing,” he was quoted in ABC.

“It should not detract from the respect we show our special forces in this country”.

Meanwhile, One Nation leader Pauline Hanson voiced support for Roberts-Smith following the arrest.

“I remain steadfast in my support of Ben Roberts-Smith despite news of his arrest today. Ben, his immediate and broader defence family need the Australian people’s support right now and I will not abandon him like so many other politicians,” she wrote on X.

She also criticised the circumstances of the arrest.

“Ben was disgracefully arrested in front of his twin 15 year old girls. He will be held in jail for seven days. He gets just one bail application. If that application fails, they can hold him for two years,” she said, adding that AFP and OSI have spent $300 million dollars over 10 years to get to this point.”