Ben Roberts-Smith, Australia’s most-decorated living soldier and former Special Air Service Regiment (SAS) corporal, will remain in custody after being charged with multiple alleged war crimes committed in Afghanistan.
The 47-year-old Victoria Cross recipient was arrested at Sydney Airport and charged with five counts related to the war crime of murder. His lawyers did not immediately seek bail, and Roberts-Smith denies all wrongdoing, previously describing the allegations as “egregious.”
This criminal case follows a 2023 defamation ruling that found Roberts-Smith killed several unarmed Afghans between 2009 and 2012. The defamation proceedings, initiated by Roberts-Smith, marked the first time any court had examined allegations of war crimes by Australian forces.
While Roberts-Smith’s legal team argued that the alleged killings were either lawful acts of combat or did not occur, the judge in the civil defamation case ruled that, on the balance of probabilities, substantial truth existed to the war crime allegations.
In the criminal proceedings, Roberts-Smith faces:
- One charge of the war crime of murder
- One charge of jointly commissioning a murder
- Three charges of aiding, abetting, counselling, or procuring a murder
The maximum penalty for the charges is life imprisonment.
Australian Federal Police (AFP) Commissioner Krissy Barrett described the investigation as “complex and thorough,” stressing that the alleged misconduct involves only a “very small section” of the Australian Defence Force, while most personnel continue to uphold the nation’s reputation.
Roberts-Smith is scheduled to appear in court via video link on 17 April.
The case has drawn international attention, highlighting accountability for military personnel and the unprecedented scrutiny of alleged war crimes by Australian forces.
