Australia's Most-Decorated Soldier Charged with Murder in Landmark War Crimes Case

Distinguished Veteran Facing Murder Charges Over Afghanistan Operations

SYDNEY — In a watershed moment for the Australian military, the country’s most-decorated living soldier, Ben Roberts-Smith, was arrested at Sydney airport on Tuesday. The former Special Air Service (SAS) corporal now faces five counts of the war crime of murder related to his service in Afghanistan.

The 47-year-old Victoria Cross recipient, who has long maintained his innocence, was taken into custody following a lengthy investigation by the Australian Federal Police (AFP) and the Office of the Special Investigator (OSI). He is expected to remain in a holding cell overnight ahead of a bail hearing scheduled for Wednesday.

The Charges and Allegations

During a press conference in Sydney, AFP Commissioner Krissy Barrett detailed the gravity of the charges against Roberts-Smith. The allegations pertain to various incidents involving the killing of unarmed detainees between 2009 and 2012.

The formal charges include:

• One count of the war crime of murder.
• One count of jointly commissioning a murder.
• Three counts of aiding, abetting, counselling, or procuring a murder.

"It will be alleged the victims were shot by the accused or shot by subordinate members of the ADF [Australian Defence Force] in the presence of, and acting on the orders of, the accused," Commissioner Barrett stated.

From Hero to Defendant

Roberts-Smith was once hailed as a national hero for his actions against Taliban fighters, earning the Victoria Cross—Australia’s highest military honor. However, his reputation was severely damaged following a high-profile defamation lawsuit he initiated against Nine newspapers in 2018.

In a 2023 civil ruling, Federal Court Judge Anthony Besanko found—on the balance of probabilities—that the newspapers had proven several allegations of murder. The judge concluded that Roberts-Smith had ordered the execution of unarmed men to "blood" junior soldiers and was involved in the death of a handcuffed farmer who was kicked off a cliff.

While Roberts-Smith has dismissed the claims as "egregious" and "spiteful," the civil court's findings provided the momentum for the current criminal proceedings, which require a higher standard of proof ("beyond a reasonable doubt").

A Challenging Investigation

The arrest marks a major milestone for the Office of the Special Investigator, established following the 2020 Brereton Report, which found "credible evidence" that elite Australian troops unlawfully killed 39 people in Afghanistan.

Ross Barnett, Director of Investigations at the OSI, described the task as uniquely difficult. "The OSI has been tasked with investigating literally dozens of murders alleged to have been committed in the middle of a war zone in a country 9,000km from Australia," Barnett said, noting that investigators lack access to crime scenes, forensic evidence, or the remains of the deceased.

National Response

Prime Minister Anthony Albanese declined to comment on the specifics of the arrest, citing the ongoing judicial process. "It is very important that there not be political engagement," he told reporters.

Meanwhile, the Australian War Memorial announced it would once again review its exhibit dedicated to Roberts-Smith. A plaque accompanying his uniform and medals has already been updated several times to reflect the evolving legal findings.

Despite the shocking nature of the charges, Commissioner Barrett emphasized that the allegations concern only a "very small section" of the military. "The majority of the ADF do our country proud," she said.

Roberts-Smith is the second person to be charged by the OSI since its inception. If convicted, the cases could fundamentally reshape Australia’s military legacy and its accountability for actions taken during the two-decade conflict in Afghanistan.