Ben Roberts-Smith to Stand Trial for Afghanistan War Crimes

Former Australian special forces soldier Ben Roberts-Smith was arrested on April 7, 2026, on several charges of war crimes, including the war crime of murder.

The 47-year-old Victoria Cross recipient was apprehended by Australian Federal Police (AFP) officers at Sydney Airport on April 7, 2026, after arriving on a flight from Brisbane.

Roberts-Smith is charged with five counts of murder as a war crime. These charges relate to his alleged role in the killing of unarmed Afghan civilians in Uruzgan Province between 2009 and 2012.

The arrest is the culmination of a five-year joint investigation conducted by the AFP and the Office of the Special Investigator (OSI) into the Australian Defence Force (ADF), which began in 2021.

The victims were detained, unarmed and were under the control of ADF members when they were killed.

Krissy Barrett, Australian Federal Police Commissioner

The criminal proceedings follow a series of protracted civil defamation proceedings. In June 2023, Justice Besanko found that Roberts-Smith was involved in the killing of multiple unarmed Afghan civilians. This ruling was upheld by the Full Court of the Federal Court in May 2025.

The defamation proceedings concluded in September 2025 after the High Court refused special leave to appeal. While those civil proceedings were decided on the balance of probabilities, the current charges will be decided under the higher standard of proof used in criminal trials.

For many years, the allegations against Ben Roberts-Smith have been the subject of intense public scrutiny and protracted civil litigation. The case now falling before the criminal justice system is a significant and long-awaited step for victims and affected communities in seeking meaningful accountability for these serious allegations.

Rawan Arraf, Executive Director at the Australian Centre for International Justice

Roberts-Smith has consistently denied all allegations of wrongdoing. He remains in custody as of April 8, 2026, after his legal team declined to request bail.

The maximum penalty for the offence of war crime – murder is life imprisonment.

This case is part of a broader investigation into the conduct of Australian troops in Afghanistan. A military inquiry previously found credible information that elite Australian forces were involved in the allegedly unlawful killing of 39 Afghan prisoners, including farmers and civilians. One other soldier has already been charged as a result of these investigations.

Roberts-Smith’s military history in Afghanistan includes multiple deployments as part of the Special Air Service Regiment (SASR) in 2006, 2007, 2009, 2010 and 2012. He was awarded the Medal for Gallantry for his actions in 2006.