Finance
Australia's Most Decorated Soldier Charged With Alleged War Crimes
Published by Global Banking & Finance Review®
Posted on April 7, 2026
4 min readLast updated: April 7, 2026
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On April 7, 2026, Australia’s most decorated living soldier, Ben Roberts‑Smith—recipient of the Victoria Cross and Medal for Gallantry—was arrested at Sydney Airport and charged with five counts of war crime murder, related to the killing of unarmed civilians in Afghanistan between 2009–2012.
Australia's most decorated soldier charged with war crimes
By Christine Chen
Arrest and Charges Against Ben Roberts-Smith
SYDNEY, April 7 (Reuters) - Australia's most decorated soldier was arrested on Tuesday and charged with five counts of war crimes relating to the killing of unarmed civilians while on deployment in Afghanistan.
Police said a 47-year-old former Australian Defence Force member had been arrested at Sydney Airport. Court records named the man as Ben Roberts-Smith.
Details of the Charges
He was charged with five counts of war crimes in connection with the murder of five people in Afghanistan between 2009 and 2012, Australian Federal Police said. The maximum penalty for each charge is life imprisonment.
Allegations by Authorities
"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 told a press conference.
"It will be alleged the victims were detained, unarmed and were under the control of ADF members when they were killed."
Police will also allege the victims were shot by the accused or shot by subordinates acting on his orders and in his presence, she said.
The AFP said he had been denied bail and would appear in court for a bail hearing on Wednesday.
Background of Ben Roberts-Smith
Roberts-Smith was hailed as a national hero after being awarded several top military honours, including the Victoria Cross, for his actions during six tours in Afghanistan from 2006 to 2012.
He has consistently denied allegations of wrongdoing during his service, some of which were first reported by Nine Entertainment newspapers in a series of articles starting in 2018.
Specific Accusations
Among the accusations reported were that Roberts-Smith had shot dead an unarmed Afghan teenager and kicked a handcuffed man off a cliff before ordering him to be shot dead.
Defamation Trial and Legal Proceedings
Roberts-Smith, a former member of Australia's Special Air Service Regiment (SAS), unsuccessfully challenged the reports in what became Australia's most expensive defamation trial, with a Federal Court judge ruling in 2023 the newspapers proved four of the six murder accusations they levelled. A final appeal bid was dismissed by the High Court in September 2025.
Broader Investigations Into War Crimes
A 2020 report found credible evidence that members of the SAS killed dozens of unarmed prisoners in the lengthy Afghan war.
An investigation into the SAS soldier by the federal police and the Office of the Special Investigator, set up to examine allegations of war crimes by ADF members in Afghanistan, was opened in 2021.
Challenges in the Investigation
Ross Barnett, director of investigations at the OSI, said the process was complex and time-consuming because authorities were unable to go to Afghanistan to see the alleged crime scenes.
"We don't have access to the crime scenes, we don't have photographs, site plans, measurements, the recovery of projectiles, blood-spatter analysis, all of those things we would normally get at a crime scene," he said at the press conference.
Ongoing and Future Cases
The joint OSI-AFP has held 53 investigations involving allegations of war crimes by ADF members in Afghanistan, with 10 ongoing. Another former special forces soldier is due to face trial for war crime murder next February, the OSI said.
"If the evidence leads to other people needing to be charged, you can be assured that will happen," Barnett added.
Reactions and Aftermath
Amnesty International said Roberts-Smith's arrest was a "critical step toward global justice and accountability efforts".
"Australian authorities must now ensure all credible allegations are fully investigated and, where appropriate, prosecuted," said Zaki Haidari, Amnesty International Australia strategic campaigner.
Media Coverage and Public Response
Police footage showed officers escorting Roberts-Smith off a flight upon arrival at Sydney Airport and into a police car waiting on the tarmac.
Local media reported that he had travelled to Sydney from Brisbane with his girlfriend and two teenage daughters.
Roberts-Smith's lawyer for his defamation trial did not respond to a request for comment.
(Reporting by Christine Chen in Sydney; Editing by Lincoln Feast, Raju Gopalakrishnan and Hugh Lawson)
Key Takeaways
- •Roberts‑Smith’s arrest follows a landmark 2023 civil defamation ruling finding he likely committed four unlawful killings (balance of probabilities), a decision upheld on appeal and not heard by the High Court (apnews.com).
- •The charges were brought jointly by the Australian Federal Police and the Office of the Special Investigator, reflecting a long-running probe into alleged war crimes by ADF members in Afghanistan, launched after the 2020 Brereton Report (apnews.com).
- •Amnesty International Australia welcomed the arrest as a critical step for justice and accountability, while authorities stressed that the allegations involve only a small number of ADF members and not the broader force (amnesty.org.au).
References
Frequently Asked Questions about Australia's most decorated soldier charged with alleged war crimes
1Who is Australia's most decorated soldier charged with war crimes?
Ben Roberts-Smith, a former member of the Australian Defence Force, has been charged with five counts of war crime murder relating to his deployment in Afghanistan.
2What are the charges against Ben Roberts-Smith?
He faces five counts of war crime murder over the alleged killing of unarmed civilians between 2009 and 2012 in Afghanistan.
3What evidence is the investigation relying on?
Due to inability to access crime scenes in Afghanistan, investigators lack physical evidence and rely on witness testimonies and court records.
4Has Ben Roberts-Smith previously denied these accusations?
Yes, Roberts-Smith has consistently denied all wrongdoing during his service and previously challenged related news reports in court.
5What was the outcome of Ben Roberts-Smith's defamation case?
He lost a defamation case against newspapers, with the court ruling in 2023 that four of six murder accusations were proven.
