From War Hero to Accused: Decorated Australian Soldier Faces War Crime Murder Charges
SYDNEY — In a stunning fall from grace, Ben Roberts-Smith, Australia's most decorated living soldier, was charged Tuesday with five counts of war crime murder related to his service in Afghanistan. The former Special Air Service (SAS) corporal, awarded the Victoria Cross for valor in 2011, was arrested at Sydney Airport and is expected to face court Wednesday.
The Australian Federal Police (AFP) allege the crimes occurred between 2009 and 2012, during which time Roberts-Smith is accused of killing individuals who were "not taking part in hostilities" and were under the control of Australian Defence Force (ADF) personnel. AFP Commissioner Krissy Barrett stated the victims were "detained, unarmed" at the time of their deaths.
"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 told reporters.
The charges follow a landmark 2020 military report that found credible evidence of Australian elite forces unlawfully killing 39 Afghan non-combatants. Roberts-Smith is only the second Australian veteran of the Afghanistan campaign to face such charges, after former SAS soldier Oliver Schulz pleaded not guilty to a separate war crime murder charge last year.
Roberts-Smith's civilian defamation case, concluded in 2023, laid much of the groundwork for the criminal proceedings. A federal judge then found it substantially true that he had unlawfully killed four noncombatants. While that civil standard has been met, prosecutors must now prove the charges "beyond a reasonable doubt" in criminal court, where a conviction carries a potential life sentence.
The case strikes at the heart of Australia's military identity. Roberts-Smith was once a national icon—meeting the Queen, honored as "Father of the Year," and immortalized in the Australian War Memorial. His arrest signals a painful, ongoing institutional reckoning.
"This is a critical step toward global justice and accountability," said Zaki Haidari, a campaigner for Amnesty International Australia. "Australian authorities must now ensure all credible allegations are fully investigated and, where appropriate, prosecuted."
Authorities were quick to contextualize the allegations. Commissioner Barrett emphasized that the conduct is "confined to a very small section" of the ADF and is "not reflective of the majority" who serve with honor.
The Office of the Special Investigator, tasked with probing war crime allegations, has examined 53 cases. To date, 39 investigations have concluded without charges.
Voices & Reaction
Dr. Evelyn Shaw, Military Ethics Professor at University of Melbourne: "This prosecution is unprecedented. It demonstrates that even the highest honors do not place someone above the law. The real test will be whether the justice system can navigate the complexities of battlefield evidence and command responsibility."
Marcus Chen, Veteran Advocate: "My heart is with the vast majority of personnel who served with integrity. This case is tragic on all sides—for the victims, for the institution's reputation, and for the many soldiers now unfairly tarred by the actions of a few. Due process must be respected."
Sarah Petrovic, Human Rights Lawyer: "Finally. This isn't about 'a few bad apples'—it's about systemic accountability. For years, these allegations were brushed aside because the accused wore a hero's mantle. This arrest shatters the myth of impunity. Justice delayed is justice denied for the Afghan families."
David "Rex" Carter, Retired SAS Major: "I served with Ben. The man I knew was a brave soldier. The media and the courts are trying a war in a courtroom with 20/20 hindsight. The fog of war is real. This feels like a political sacrifice to appease a narrative."