Ben Roberts-Smith: Australia’s Most Decorated Soldier Arrested for War Crimes

Ben Roberts-Smith, one of Australia’s most decorated soldiers and a recipient of the Victoria Cross, was arrested and charged with five counts of the war crime of murder on April 7, 2026.

The 47-year-old former special forces soldier was taken into custody at the domestic terminal of Sydney Airport following a flight from Brisbane. He was subsequently charged and refused bail, leading to his detention at the Silverwater Prison Complex in western Sydney.

The charges follow a five-year investigation conducted by the Australian Federal Police (AFP) and the Office of the Special Investigator. The allegations relate to Roberts-Smith’s service in Afghanistan between 2009 and 2012.

Details of the Allegations

AFP Commissioner Krissy Barrett stated during a press conference that the charges involve three separate incidents. The prosecution will allege that the victims were Afghan nationals who were unarmed and not taking part in hostilities at the time of their deaths.

According to the AFP, the victims were detained and under the control of Australian Defence Force (ADF) members when they were killed. The police allege that the victims were shot either by Roberts-Smith himself or by subordinates acting under his orders and in his presence.

Specific accusations reported in previous contexts include the shooting of an unarmed Afghan teenager and an incident where a handcuffed man was allegedly kicked off a cliff before being ordered shot dead.

The five counts of the war crime of murder carry a maximum penalty of life imprisonment.

Legal Background and Previous Proceedings

The criminal charges follow a lengthy legal battle in the civil courts. In 2023, a defamation trial against Nine Newspapers concluded with a court finding that, based on the balance of probabilities, allegations that Roberts-Smith was responsible for or complicit in the deaths of four detainees in Afghanistan were substantially true.

That finding was upheld in May 2025 by the Full Court of the Federal Court, which dismissed Roberts-Smith’s appeal and maintained the original findings of Justice Anthony Besanko. In September 2025, the High Court refused to hear his case.

While the defamation trial reached a conclusion based on the civil standard of proof, authorities have noted that there had been no findings of guilt against Roberts-Smith to a criminal standard until these recent charges.

Throughout these proceedings, Roberts-Smith has consistently denied any wrongdoing. Following the High Court’s refusal to hear his case, he described the allegations in the defamation suit as egregious and spiteful.

Military Service and Recognition

Roberts-Smith served six tours of duty in Afghanistan between 2006 and 2012 as a member of the Australian Special Air Service Regiment (SAS). He became a national figure and was hailed as a hero after receiving several top military honors, most notably the Victoria Cross, the highest award in the Australian honours system for bravery in the face of the enemy.

The current criminal proceedings mark a significant escalation in the legal scrutiny of his conduct during those deployments, shifting the matter from civil defamation to criminal war crimes charges.

Roberts-Smith was scheduled to appear in the Bail Division Court on Wednesday, April 8, 2026.