In the long reckoning that follows war, Australia now confronts one of its most decorated soldiers in a court of law. Ben Roberts-Smith, a Victoria Cross recipient, was arrested at Sydney Airport and charged with five counts of war crime murder for the alleged killing of unarmed Afghan detainees between 2009 and 2012. His case arrives not in isolation, but against a documented pattern — a 2020 military inquiry found evidence of 39 unlawful killings by elite Australian troops — suggesting that individual accountability is being slowly, imperfectly, extracted from a larger institutional silence.
Australia's most decorated veteran charged with five war crime murders in Afghanistan
Five unarmed Afghan detainees were allegedly killed by Roberts-Smith; a 2020 military report documented 39 unlawful killings of Afghan prisoners, farmers and noncombatants by Australian SAS and commando troops.
Five unarmed men, detained and under control, then killed.
Mark
So Roberts-Smith was arrested at the airport—was he trying to leave the country, or was this just routine arrival?
Mimi
The reporting doesn't say he was attempting to flee. He arrived on a flight from Brisbane, which is domestic. Police were waiting for him, so this appears to have been a planned arrest.
Luke
Right—and that matters because it tells us the investigation was far enough along that authorities knew when and where to pick him up. But we don't know how long they'd been watching him or whether he knew charges were coming.
Mark
The civil court already found he probably killed four people unlawfully. Why does the criminal case matter if the facts are already established?
Mimi
The civil standard is balance of probabilities—basically, more likely than not. Criminal conviction requires proof beyond reasonable doubt, which is much harder to meet. The judge's findings are persuasive but not binding on a criminal jury.
Luke
And that's the real test now. The civil ruling gives prosecutors momentum and credibility, but it doesn't guarantee conviction. A jury could look at the same evidence and decide it doesn't meet the criminal threshold.
Mark
The police commissioner said only a small section of the ADF was involved. But the 2020 report found 39 unlawful killings. That doesn't sound small.
Mimi
The commissioner was specifically talking about the conduct in Roberts-Smith's case—five alleged victims. The broader 39 killings documented in the military report involved multiple soldiers across different incidents.
Luke
But here's what we don't know: of those 39 documented unlawful killings, how many involved command responsibility like what's alleged against Roberts-Smith? How many were individual acts versus orders from above? The reporting doesn't break that down.
Mark
What happens if he's convicted? Life in prison seems severe.
Mimi
That's the maximum sentence for war crime murder. A judge would have discretion in sentencing, but yes, he could spend the rest of his life in prison.
Luke
Though we should note: he hasn't been convicted yet. He's been charged. The trial hasn't happened. And given his resources and the complexity of the case, this could take years to resolve.
The Pulse
- Australia's most decorated living soldier was arrested at Sydney Airport and charged with five counts of war crime murder, each carrying a potential life sentence.
- The alleged victims were unarmed detainees under Australian military control — men not participating in hostilities — shot either directly by Roberts-Smith or by subordinates acting on his orders.
- A 2023 civil court already found it likely he unlawfully killed four noncombatants, but criminal conviction demands a far higher bar: proof beyond reasonable doubt.
- His case is only the second war crime charge to emerge from a 2020 military report that documented 39 unlawful killings — out of 53 investigations, only a handful have produced charges.
- Police were careful to frame the alleged conduct as the actions of a small number of soldiers, insisting the vast majority of the 40,000 Australians who served in Afghanistan did so with honor.
In the long reckoning that follows war, Australia now confronts one of its most decorated soldiers in a court of law. Ben Roberts-Smith, a Victoria Cross recipient, was arrested at Sydney Airport and charged with five counts of war crime murder for the alleged killing of unarmed Afghan detainees between 2009 and 2012. His case arrives not in isolation, but against a documented pattern — a 2020 military inquiry found evidence of 39 unlawful killings by elite Australian troops — suggesting that individual accountability is being slowly, imperfectly, extracted from a larger institutional silence. The weight of honor and the weight of alleged atrocity now rest in the same hands, awaiting the judgment of criminal law.
Ben Roberts-Smith, Australia's most decorated living veteran and a recipient of the Victoria Cross, was arrested at Sydney Airport on Tuesday after flying in from Brisbane. The 47-year-old former SAS corporal now faces five counts of war crime murder, each punishable by life imprisonment, for the alleged killing of five unarmed Afghan men during deployments between 2009 and 2012.
Australian Federal Police Commissioner Krissy Barrett described the alleged victims as detained and unarmed at the time of their deaths, under the control of Australian Defence Force members and not actively participating in hostilities. Prosecutors allege the men were shot either by Roberts-Smith directly or by subordinates acting on his orders. His case is only the second war crime charge brought against an Australian veteran of the Afghanistan campaign — the first involving former SAS soldier Oliver Schulz, who has pleaded not guilty to a separate killing.
The charges do not arrive without precedent. In 2023, a federal judge rejected Roberts-Smith's defamation lawsuit against newspapers that had accused him of war crimes, ruling it likely he had unlawfully killed four noncombatants. That civil finding, reached on a balance of probabilities, now gives way to the far stricter standard of criminal law — proof beyond reasonable doubt. Australia's High Court declined to hear his appeal of that ruling.
The prosecution unfolds against a broader institutional reckoning. A 2020 military report documented evidence that elite Australian SAS and commando troops unlawfully killed 39 Afghan prisoners, farmers, and noncombatants, prompting the creation of the Office of the Special Investigator. Of 53 war crime allegations subsequently investigated, 39 were closed without charges. Roberts-Smith's arrest represents one of the rare instances where that process has led to criminal prosecution.
Commissioner Barrett was deliberate in contextualizing the alleged conduct as the actions of a small number of soldiers among the roughly 40,000 Australians who served in Afghanistan between 2001 and 2021. Roberts-Smith remained in custody overnight and was scheduled to appear in court Wednesday, where he is expected to seek bail.
Ben Roberts-Smith, the most decorated living veteran in Australia's military, was arrested at Sydney Airport on Tuesday after arriving on a flight from Brisbane. The 47-year-old former Special Air Service Regiment corporal now faces five counts of war crime murder, each carrying a potential sentence of life imprisonment. Police charged him following an investigation into allegations that he killed five unarmed Afghans while deployed between 2009 and 2012.
According to Australian Federal Police Commissioner Krissy Barrett, the alleged victims were detained and unarmed at the time of their deaths, under the control of Australian Defense Force members. The prosecution will argue that the men were not taking an active part in hostilities when they were killed. Barrett stated that it will be alleged the victims were shot either by Roberts-Smith directly or by subordinate ADF members acting on his orders.
Roberts-Smith's case is only the second war crime charge brought against an Australian veteran of the Afghanistan campaign. Another former SAS soldier, Oliver Schulz, has pleaded not guilty to a single 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. War crime murder, as defined under Australian federal law, is the intentional killing during armed conflict of a person not actively participating in hostilities—a category that includes civilians, prisoners of war, and wounded soldiers.
The charges arrive against a backdrop of a civil court ruling that already found similar allegations against Roberts-Smith credible. In 2023, a federal judge rejected his defamation lawsuit against several newspapers that had published articles in 2018 accusing him of war crimes. The judge ruled that Roberts-Smith likely unlawfully killed four noncombatants in 2009 and 2012. Though the civil court found the allegations proved on a balance of probabilities, the criminal charges now before him require proof beyond reasonable doubt—a significantly higher threshold. Roberts-Smith's attempt to appeal the civil ruling was blocked when Australia's High Court declined to hear his case in September.
Roberts-Smith's military honors include the Victoria Cross and the Medal of Gallantry, both awarded for his service in Afghanistan. His arrest and charging represent a rare moment of accountability within Australia's military establishment. A 2020 military report had documented evidence that elite Australian SAS and commando regiment troops unlawfully killed 39 Afghan prisoners, farmers, and other noncombatants. That report prompted the establishment of the Office of the Special Investigator to work with police on war crime allegations.
According to Ross Barnett, the office's director of investigations, 53 war crimes allegations have been investigated since the office's creation. Of those, 39 investigations concluded without charges being filed. The charges against Roberts-Smith represent one of the few instances in which the investigative process has resulted in criminal prosecution. Approximately 40,000 Australian military personnel served in Afghanistan between 2001 and 2021, during which time 41 Australian service members were killed.
Police Commissioner Barrett emphasized that the alleged conduct involved only a small number of soldiers. She stated that the overwhelming majority of ADF members serve with honor and distinction, reflecting the values of a democratic nation. Roberts-Smith remained in custody overnight following his arrest and was scheduled to make his first court appearance on Wednesday, where he is expected to apply for release on bail.
Notable Quotes
It will be alleged that the victims were not taking part in hostilities at the time of their alleged murder in Afghanistan. It will be alleged the victims were detained, unarmed and were under the control of ADF members when they were killed.— Australian Federal Police Commissioner Krissy Barrett
The alleged conduct related to these charges is confined to a very small section of our trusted and respected ADF which helps keep this country safe. The overwhelming majority of our ADF do our country proud.— Australian Federal Police Commissioner Krissy Barrett
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