Ben Roberts-Smith, Australia's most decorated living soldier and Victoria Cross recipient, has been arrested on murder charges relating to alleged war crimes committed during his service in Afghanistan. The former Special Air Service Regiment corporal faces accusations connected to the killing of unarmed Afghan civilians during deployments between 2009 and 2012. His arrest marks the first time an Australian soldier has been criminally charged over conduct during the Afghanistan conflict.
The charges were brought by the Office of the Special Investigator, established by the Australian Government in 2021 to act on findings from the Brereton Report into alleged special forces misconduct. Roberts-Smith, 47, served multiple tours in Afghanistan's Uruzgan Province and was awarded the Victoria Cross for Australia in 2011 for actions during a battle in Tizak, Kandahar Province. He previously lost a high-profile defamation case against Nine Entertainment's newspapers in June 2023, when a Federal Court judge found that allegations he had murdered four Afghan prisoners and civilians were substantially true.
The Brereton Report, completed by Major General Paul Brereton in November 2020 after a four-year inquiry, found credible evidence that 25 Australian soldiers were involved in the unlawful killing of 39 Afghan civilians and prisoners. The inquiry recommended 19 soldiers be referred for criminal investigation, sending shockwaves through the Australian Defence Force and prompting a national reckoning over special forces culture and accountability. Roberts-Smith resigned from the army in 2024 following the defamation verdict and has consistently denied all allegations of criminal wrongdoing.
Defence Minister Richard Marles said the arrest demonstrated that no individual was above the law, regardless of their rank or decorations. Legal experts described the charges as a watershed moment for military accountability in Australia, noting the extreme difficulty of prosecuting alleged war crimes years after the events occurred. Roberts-Smith's legal team is expected to vigorously contest the charges, with his lawyers previously characterising the allegations as fabricated by jealous former colleagues.
Roberts-Smith is expected to face a committal hearing in the coming months, where a magistrate will determine whether sufficient evidence exists to proceed to trial. The case will be closely watched by veterans' groups, human rights organisations, and Australia's international allies, who have pressed Canberra to hold its forces accountable for conduct in Afghanistan. A conviction on murder charges could carry a maximum penalty of life imprisonment under Australian military and criminal law.