Among the most decorated soldiers a nation can produce, Ben Roberts-Smith once embodied Australia's highest ideals of military valor — yet valor and accountability are not always strangers to one another. Arrested at Sydney Airport on Tuesday, the Victoria Cross recipient now faces five counts of war crime murder for the alleged killing of unarmed Afghan detainees between 2009 and 2012, men who were under Australian military control and unable to resist. His case is only the second of its kind to emerge from a sweeping military reckoning that found evidence of 39 unlawful killings by elite Aus
Australia's most decorated veteran charged with five war crime murders in Afghanistan
Five unarmed Afghan detainees were allegedly killed while under Australian Defence Force control and unable to resist.
We saw things with our own eyes that we feel uncomfortable about.
Mark
So he's already been found liable in civil court for these killings. Why does it matter that he's now facing criminal charges?
Mimi
The civil ruling found the allegations credible on a balance of probabilities—basically, more likely than not. Criminal charges require proof beyond reasonable doubt, which is a much higher bar. The judge can say something probably happened in civil court; a jury has to be convinced it definitely happened in criminal court.
Luke
Right, but I want to be clear: the civil judge didn't just say "maybe." The judge found he likely killed four noncombatants unlawfully. That's a pretty strong finding, even if it's not the criminal standard.
Mark
And the witnesses—the SAS colleagues—they already testified once in the civil trial?
Mimi
Yes. McKenzie said some of them broke down after testifying. These are soldiers who served alongside Roberts-Smith, who respect the military, but who felt they had to speak about what they saw.
Luke
That's important context, but we should note: we don't know exactly what they'll say in the criminal trial, or how the jury will receive it. Civil and criminal trials can go very differently.
Mark
What about the broader picture? Is this just about Roberts-Smith, or is there a larger pattern here?
Mimi
The 2020 military report found that SAS and commando troops unlawfully killed 39 Afghan prisoners, farmers, and noncombatants. But the Office of the Special Investigator has looked at 53 cases total, and only charged two people so far.
Luke
That's the thing to watch. Thirty-nine unlawful killings documented, but 39 investigations closed without charges. We don't know why those cases didn't result in prosecutions. That's a gap in the reporting.
Mark
So what happens next?
Mimi
Roberts-Smith appears in court Wednesday, likely seeks bail. Then the criminal trial process begins, probably months away. The SAS witnesses will testify again, and a jury will decide whether the prosecution has proved the case beyond reasonable doubt.
The Pulse
- Australia's most decorated living veteran was arrested upon landing in Sydney, transforming a homecoming into a criminal custody — the fall from national symbol to accused war criminal unfolding in a single Tuesday.
- Five Afghan men — detained, unarmed, and under Australian military control — are at the center of allegations that Roberts-Smith either killed them directly or ordered subordinates to do so, a charge carrying a potential life sentence.
- A 2023 civil court already found it more likely than not that Roberts-Smith unlawfully killed four non-combatants, but criminal conviction demands proof beyond reasonable doubt — a far steeper and more consequential threshold.
- SAS colleagues who once served beside him are expected to take the stand, some of whom broke down during civil testimony, their willingness to speak cutting against the deep bonds of military brotherhood.
- His case sits within a broader institutional wound: a 2020 military report documented 39 unlawful killings by elite Australian units in Afghanistan, with only a fraction of investigations resulting in charges.
Among the most decorated soldiers a nation can produce, Ben Roberts-Smith once embodied Australia's highest ideals of military valor — yet valor and accountability are not always strangers to one another. Arrested at Sydney Airport on Tuesday, the Victoria Cross recipient now faces five counts of war crime murder for the alleged killing of unarmed Afghan detainees between 2009 and 2012, men who were under Australian military control and unable to resist. His case is only the second of its kind to emerge from a sweeping military reckoning that found evidence of 39 unlawful killings by elite Australian forces. What unfolds in court will ask not only what happened in distant fields of conflict, but what a society owes to truth when the accused is also a hero.
Ben Roberts-Smith, a 47-year-old former Special Air Service Regiment corporal and holder of both the Victoria Cross and Medal of Gallantry, was arrested at Sydney Airport on Tuesday after flying in from Brisbane. He faces five counts of war crime murder, accused of killing unarmed Afghan detainees between 2009 and 2012. He spent the night in custody before a Wednesday court appearance where he is expected to seek bail.
Australian Federal Police Commissioner Krissy Barrett stated that the five alleged victims were not engaged in hostilities at the time of their deaths — they were detained and under ADF control. Prosecutors will argue Roberts-Smith either pulled the trigger himself or directed subordinates to do so. War crime murder in Australia carries a potential life sentence and applies to the intentional killing of those not actively participating in armed conflict, including prisoners and civilians.
The criminal case follows a 2023 civil court ruling in which a federal judge rejected Roberts-Smith's defamation lawsuit against newspapers that had reported on the allegations in 2018. That court found it probable he had unlawfully killed four non-combatants. Criminal proceedings now demand a higher standard — proof beyond reasonable doubt. Australia's High Court declined to hear his appeal in September, exhausting his civil options.
Roberts-Smith is only the second Australian Afghanistan veteran charged with war crimes, following former SAS soldier Oliver Schulz, who has pleaded not guilty to a separate killing. The charges stem from a broader institutional reckoning: a 2020 military report found evidence that SAS and commando troops unlawfully killed 39 Afghan prisoners, farmers, and civilians. Of 53 cases examined by the Office of the Special Investigator, 39 concluded without charges.
Investigative journalist Nick McKenzie, who has pursued the story since 2017, noted that SAS colleagues are expected to testify — as they did in the civil trial, where some broke down recounting what they had witnessed. Commissioner Barrett was careful to note that the alleged conduct reflects only a small fraction of the ADF, which deployed roughly 40,000 personnel to Afghanistan over two decades, losing 41 of them. The case now moves fully into the criminal justice system.
Ben Roberts-Smith, Australia's most decorated living veteran, was arrested at Sydney Airport on Tuesday after arriving on a flight from Brisbane. The 47-year-old former Special Air Service Regiment corporal, who received both the Victoria Cross and Medal of Gallantry for his service in Afghanistan, now faces five counts of war crime murder. Police charged him following his arrival, and he was held in custody overnight ahead of a Wednesday court appearance where he is expected to seek bail.
The allegations center on killings that occurred between 2009 and 2012 during Roberts-Smith's deployment. According to Australian Federal Police Commissioner Krissy Barrett, it will be alleged that the five victims were not engaged in hostilities at the time of their deaths. They were detained, unarmed, and under the control of Australian Defence Force members when they were killed. Barrett stated that prosecutors will argue the victims were shot either by Roberts-Smith directly or by subordinate ADF members acting under his orders.
War crime murder in Australia carries a potential life sentence. The charge applies to intentional killing during armed conflict of persons not actively participating in hostilities—a category that includes civilians, prisoners of war, and wounded soldiers. Roberts-Smith is only the second Australian Afghanistan veteran to face such charges. The first is former SAS soldier Oliver Schulz, 44, who has pleaded not guilty to one count of war crime murder for allegedly shooting an Afghan man named Dad Mohammad three times in the head in a wheat field in Uruzgan province in May 2012.
The criminal charges follow a significant civil court ruling. In 2023, a federal judge rejected Roberts-Smith's defamation lawsuit against several newspapers that had published articles in 2018 accusing him of war crimes. The judge found that Roberts-Smith likely killed four non-combatants unlawfully in 2009 and 2012. While that civil court found the allegations credible on a balance of probabilities, the new criminal charges require proof beyond reasonable doubt—a substantially higher standard. In September, Australia's High Court declined to hear his appeal, closing off his last avenue to overturn the civil ruling.
The charges emerge from a broader reckoning with alleged misconduct within Australia's elite military units. A 2020 military report found evidence that SAS and commando regiment troops unlawfully killed 39 Afghan prisoners, farmers, and other noncombatants. The Office of the Special Investigator, established to investigate war crime allegations, has examined 53 cases in total. Of those, 39 investigations concluded without charges being laid.
Nick McKenzie, an investigative journalist who was unsuccessfully sued for defamation by Roberts-Smith and has been investigating the allegations since 2017, emphasized the difficulty of the reporting and the courage required of witnesses. He told the Australian Broadcasting Corporation that SAS colleagues are expected to testify in the criminal trial, as they did in the civil case. Some of those soldiers, McKenzie noted, broke down after testifying about conduct they witnessed firsthand, despite having served alongside Roberts-Smith in Afghanistan. Their willingness to come forward, despite the bonds of military service, underscores the weight of what they felt compelled to report.
Police Commissioner Barrett stressed that the alleged conduct involves only a small section of the Australian Defence Force. She emphasized that the overwhelming majority of ADF members serve with honor and distinction, and that the charges do not reflect the values or conduct of the broader military. Between 2001 and 2021, approximately 40,000 Australian military personnel served in Afghanistan, of whom 41 were killed. Roberts-Smith's case now moves into the criminal justice system, where prosecutors must prove the allegations to a court beyond reasonable doubt.
Notable Quotes
It will be alleged that the victims were detained, unarmed and were under the control of ADF members when they were killed.— Australian Federal Police Commissioner Krissy Barrett
These brave soldiers, some of them broke down after they testified, so difficult was it for them to stand up and speak out.— Investigative journalist Nick McKenzie, describing SAS witnesses
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Crime & Justice