Modern Australian
The Times

Ben Roberts-Smith arrested and facing 5 war crime murder charges

  • Written by Michelle Grattan, Professorial Fellow, University of Canberra

Victoria Cross winner Ben Roberts-Smith was arrested on Tuesday and will face five charges of the war crime of murder allegedly committed during the war in Afghanistan.

He was arrested by Australian Federal Police at Sydney domestic airport.

Roberts-Smith, a former Special Air Service corporal who was widely feted as one of Australia’s most decorated modern war heroes, has always maintained his innocence.

The AFP did not name Roberts-Smith.

The Office of the Special Investigator and the AFP said in a statement:

A former Australian Defence Force member, 47, has been arrested and is expected to be charged with five counts of war crime – murder under a joint investigation between the Office of the Special Investigator (OSI) and the AFP.

Roberts-Smith is set to be charged under the Commonwealth Criminal Code. The charges are:

  • the war crime of murder, in that he intentionally caused the death of a person, on or about 12 April, 2009, at Kakarak, Uruzgan Province, Afghanistan

  • the war crime of murder, in that he aided, abetted, counselled or procured another person to intentionally cause the death of a person, on or about 12 April, 2009, at Kakarak, Uruzgan Province, Afghanistan

  • the war crime of murder, in that he aided, abetted, counselled or procured another person to intentionally cause the death of a person, on or about 11 September, 2012, at Darwan, Uruzgan Province, Afghanistan

  • the war crime of murder, with another person, in that they intentionally caused the death of a person, on or about 20 October, 2012, in Syahchow, Uruzgan Province, Afghanistan and,

  • the war crime of murder, in that he aided, abetted, counselled or procured another person to intentionally cause the death of a person, on or about 20 October, 2012, at Syahchow, Uruzgan Province, Afghanistan.

The maximum penalty for the offence of the war crime of murder is life imprisonment.

Roberts-Smith is expected to appear in a New South Wales court later on Tuesday.

The investigation into Roberts-Smith has been undertaken in a joint operation between the AFP and the Office of the Special Investigator (OSI).

“The joint OSI-AFP investigation began in 2021, and inquiries are continuing,” the statement said.

Prime Minister Anthony Albanese refused to answer any questions about the matter.

One Nation’s Pauline Hanson said she remained “steadfast in my support of Ben Roberts-Smith.

"I will not abandon him like so many other politicians.”

The OSI and AFP are investigating allegations of criminal offences under Australian law related to breaches of armed conflict laws by ADF personnel in Afghanistan between 2005 and 2016.

The joint OSI-AFP investigation has begun 53 investigations involving allegations of war crimes in the Afghanistan conflict by members of the Australian Defence Force.

Of those, 39 are finalised, unless new evidence emerges. In these cases sufficient evidence of a war crime did not exist to support referring a brief to the Commonwealth Director of Public Prosecutions. Another ten investigations are still underway.

One investigation resulted in a former SAS solider being charged with one count of the war crime of murder. This matter is scheduled for trial in the NSW Supreme Court next February.

AFP Commissioner Krissy Barrett told a media conference of today’s arrest: “It will be alleged the man was a member of the ADF when he was involved in the death of Afghan nationals between 2009 and 2012 in circumstances that constitute war crimes under the Commonwealth Criminal Code.

"It will be alleged 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.

"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.”

Barrett said: “We understand these charges will have an impact on several communities in Australia.

"Whenever I give a press conference, I do not just provide the facts in front of me, but I also address those impacted the most.

"So, I want to now directly address the concerns and questions some may have.

"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. Today’s charges are not reflective of the majority of members who serve under our Australian flag with honour, distinction and with the values of a democratic nation.

"Today, is a day to rally behind the ADF, and be mindful of the families whose loved ones have died while serving our country”, Barrett said.

Opposition Leader Angus Taylor said: “This process needs to take its course but it should not detract from the respect we show for our special forces in this country”.

Former Prime Minister Tony Abbott asked: “If Ben Roberts-Smith transgressed, why wasn’t this picked up prior to his gallantry awards and why wasn’t any culture of brutality towards prisoners detected by his more senior officers, and dealt with quickly, rather than being allowed to fester, as has been alleged, for over a decade?”

Greens Senator David Shoebridge said: “If justice is to be fully delivered there must be further and closer attention paid to the role of senior officers who directed and oversaw Australia’s deployment in Afghanistan”.

Roberts-Smith lost a defamation action he brought against the Nine newspapers. His final appeal in the seven year battle was dismissed mid last year.

Authors: Michelle Grattan, Professorial Fellow, University of Canberra

Read more https://theconversation.com/ben-roberts-smith-arrested-and-facing-5-war-crime-murder-charges-279202

Caravan Sales in Queensland: How to Find the Right Caravan for Sale QLD

Caravan ownership is about more than having somewhere to sleep while travelling. For many Queenslanders, it is one of the best ways to explore regio...

What Sir Walter Buffalo Turf Actually Costs in 2026 (And Why Quotes Vary So Much)

Two quotes landed on a Hills District homeowner's kitchen table last spring for the exact same 80-square-metre backyard. One said $12 a metre. The o...

Nearly 1,300 NSW Hospital Beds Are Occupied By People Who Are Ready To Go Home

1,276 people in NSW hospitals have been medically cleared for discharge but remain in hospital because they're still waiting for NDIS or aged care sup...

National Survey Launched to Measure Operational Impacts of Federal NDIS Policy Reforms

The effects of recent NDIS reforms are beginning to move beyond policy papers and into day to day service delivery. A new national survey is asking ...

Beyond the Nappy Cake: Baby Shower Gifts That Get Used

What new Australian parents unwrap, keep, and quietly thank you for months later. Six weeks after my daughter was born, I did an audit of the baby sh...

Parent-Advocates Are Reshaping Frontline Disability Service Delivery

Parents have always been part of the disability sector. They advocate, coordinate services, challenge decisions and often become the person holding ev...

Vista Cruises Enters "Two-Flagship Era" as Vista Aurora Completes Inaugural Voyage

Vista Aurora Sets Sail along the Yangtze. (Photo courtesy of the company)YICHANG, China — August 5, 2026 — Vista Aurora, a high-end interprovinc...

A Digital Preparation Checklist For International Medical Conferences

An international medical conference compresses many responsibilities into a few days. A delegate may need to present research, move between venues, ...

The Growing Popularity of Lab Grown Diamonds in Sydney and Hong Kong

The diamond industry has changed significantly in recent years as more buyers seek ethical, affordable, and sustainable alternatives to mined diamon...

Modern AI SEO Agency vs Traditional SEO: What’s the Difference

Search engine optimisation has changed dramatically over the past few years. Search engines have become smarter, user behaviour has evolved, and bus...

Caravan Travel for Modern Australian Getaways: Plan a Comfortable Holiday

A family road trip is one of the best ways to explore Australia together. And, travelling by caravan gives you the freedom to take your time, stop a...

Mini Excavator and Trailer Package for Sale: What I Buy as One Deal in 2026

The first client who asked me for a mini excavator and trailer package for sale wasn’t trying to save a few hundred dollars on shipping. They we...

Make Dad a Guest in His Own Home This Father’s Day

Father’s Day can accidentally turn Dad into the unpaid event manager of his own celebration. He lights the barbecue, finds extra chairs, checks wh...

Where to Enjoy Your Off-Road Caravan on the Gold Coast

With a caravan, you can travel anywhere and everywhere without battling the rush of the peak holiday season or last-minute reservations. While the r...

How Osteopathy Supports Recovery from Sciatica and Nerve Pain

Sciatica isn't just annoying. It's genuinely painful. It sits deep in your glute and shoots straight down the back of your leg. It turns something as...

The Winter Jewellery Edit: Five Pieces You'll Wear All Season

As wardrobes shift to cosy knits, tailored coats and rich seasonal textures, jewellery becomes the finishing touch that pulls every winter outfit to...

7 Signs It's Time to Upgrade Your Piston Air Compressor

If you run a workshop, panel shop, or fabrication business anywhere around Perth, you already know what heat and dust do to equipment over a few sum...

How Long Do Bathroom Renovations Melbourne Take? Step-by-Step Process Explained

Planning a bathroom renovation is exciting, but one of the biggest questions homeowners ask is, "How long will it take?" While every project is uniq...