Ben Roberts-Smith: Australia's most decorated soldier arrested amid war crime allegations

· Forces News
Mr Roberts‑Smith pictured at the moment of his arrest, shortly after arriving at Sydney Airport (Picture: Australian Government)

Australia's most decorated living soldier has been charged over allegations he committed war crimes while serving in Afghanistan.

Ben Roberts-Smith, a member of the elite Special Air Service Regiment (SASR) and recipient of the Victoria Cross – among various other military decorations – was arrested at Sydney Airport on 7 April.

The 47-year-old is set to be charged with five counts of war crimes in connection with the murder of five people in Afghanistan between 2009 and 2012. The maximum penalty for each charge is life imprisonment.

This is not the first time Mr Roberts-Smith has been brought before a court over allegations of war crimes.

In 2018, several national newspapers published allegations that he had murdered civilians and ordered subordinates to carry out executions during his service in the SASR. He subsequently sued the publications for defamation – a legal battle that spanned seven years.

However, in 2023, the defamation judgement determined that four of the six murder allegations were justified on the basis that they were substantially true. His final appeal was dismissed by the High Court in 2025.

Mr Roberts-Smith has long professed his innocence, citing that allegations against him – which have not yet been assessed at a criminal standard – were "egregious" and "spiteful".

What are the charges?

At a news conference following his arrest, the Australian Federal Police confirmed that a 47-year-old former Australian Defence Force (ADF) member has been arrested and is expected to be charged.

He faces one charge of the war crime of murder, one of jointly commissioning a murder, and three 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 in the presence of, and acting on the orders of, the accused," Commissioner Krissy Barrett said.

She added that the charges were "not reflective of the majority of members who serve under our Australian flag with honour, with distinction and with the values of a democratic nation".

Because Mr Roberts-Smith faces criminal charges, they will need to meet a higher standard: proof beyond a reasonable doubt rather than the lower balance of probabilities standard used in his earlier defamation trial.

Police said he has been denied bail and would appear in court for a bail hearing on 8 April.

Australia's most decorated living soldier 

A former SASR corporal, Mr Roberts-Smith was honoured with multiple military decorations over the course of his career for his service in Afghanistan.

In 2006, he was awarded the Medal for Gallantry for his actions as a patrol scout and sniper. His team established an observation post, and, despite coming under intense fire from local forces, held the position without support until offensive air support arrived.

His citation described his actions as a testament to his "courage, tenacity and sense of duty to his patrol."

Leading a mission in the volatile Kandahar province in 2010, Cpl Roberts-Smith and his men came under machine-gun fire from fortified Taliban positions.

He decided to draw their fire away from his men, who were unable to move under the hail of bullets.

The corporal deliberately revealed his position to the insurgents, shooting dead one insurgent and then overpowering two others.

For his actions, he was awarded the Victoria Cross, the highest award in the Australian honours system.

Mr Roberts-Smith's life and service in Afghanistan are the subject of an exhibit at the Australian War Memorial in Canberra.

The display, which includes the uniform Mr Roberts-Smith wore in combat, has been continually altered to reflect the allegations against him.

In a statement, the museum said it would review the exhibit following his arrest.