Former Australian Elite Soldier Faces Serious War Crimes Allegations

Ben Roberts-Smith, a former Special Air Service (SAS) corporal and the most decorated living soldier in Australia, was arrested at Sydney airport on April 7, 2026. He is expected to be charged with five counts of war crime murder in relation to his service in Afghanistan.

The arrest was announced on April 7, 2026, by the Australian Federal Police (AFP) and the Office of the Special Investigator (OSI). AFP Commissioner Krissy Barrett stated that the charges relate to three separate incidents involving the deaths of Afghan nationals.

The allegations state that the victims were shot dead by Roberts-Smith or by subordinate members of the Australian Defence Force (ADF) who were acting on his orders and in his presence. The maximum penalty for these offences is life imprisonment.

Details of the Alleged Incidents

The charges are linked to events occurring between 2009 and 2012. According to investigation details, the five counts of murder relate to the following incidents:

• The deaths of two Afghan males at a location known as Whiskey 108 in 2009.
• The death of a man named Ali Jan in 2012.
• The deaths of two civilians at Syahchow in 2012.

Roberts-Smith, who is 47 years old, left the Australian defence force in 2013. He is a recipient of the Victoria Cross, the highest award in the Australian honours system.

Civil Litigation and Prior Findings

The criminal charges follow a prolonged legal battle in the civil courts. Roberts-Smith previously initiated a defamation suit against three newspapers that published allegations that he had murdered unarmed civilians and bullied his comrades.

In 2023, a federal court found to the civil standard of probabilities that Roberts-Smith had killed several unarmed Afghans. Regarding the death of Ali Jan, the court found that Roberts-Smith kicked the man in the chest, causing him to fall backwards over a cliff.

Roberts-Smith lost an appeal against the Federal Court’s findings last year. Throughout these proceedings, he argued that the alleged killings either did not occur or were carried out legally during combat.

Investigation Background

The current criminal proceedings are part of a broader effort to investigate conduct by Australian special forces. In 2020, the Brereton Report—a landmark investigation—found credible evidence that elite Australian soldiers were responsible for the unlawful killing of 39 people in Afghanistan.

The report recommended that 19 current or former soldiers be investigated. Following these findings, the Australian government established the Office of the Special Investigator (OSI), a specialist team tasked with conducting criminal investigations into these claims.

Until the arrest of Roberts-Smith on April 7, 2026, the OSI had charged only one other person in relation to these allegations.

Defense and Legal Status

Roberts-Smith denies all wrongdoing. He has previously described the allegations against him as egregious and spiteful, noting that the claims had not yet been assessed at a criminal standard prior to this arrest.

The former soldier is due to face court on Tuesday, April 7, 2026, where the five counts of war crime murder are expected to be formally laid.