Australia Charges Decorated Soldier Ben Roberts-Smith with Five War Crime Murders in Afghanistan

Ben Roberts-Smith, a 47-year-old former member of the Australian Defence Force and recipient of the Victoria Cross, was arrested at Sydney Airport on Tuesday and charged with five war crime murders. The charges relate to incidents in Afghanistan from 2009 to 2012, where he allegedly killed or ordered the killing of five unarmed Afghan civilians not engaged in hostilities.

If convicted, he faces life imprisonment on each count.

The Australian Federal Police (AFP) and Office of the Special Investigator (OSI) announced the charges during a press conference. AFP Commissioner Krissy Barrett stated that the victims were detained and under the control of Australian Defence Force (ADF) members at the time of the killings.

“— Krissy Barrett, AFP Commissioner, Tuesday (Fox News)”

The investigation, which began in 2021, faced difficulties due to the age of the incidents and lack of access to Afghanistan. OSI Director of Investigations Ross Barnett noted the absence of crime scene evidence such as photographs, site plans, and forensic analysis. Despite these challenges, the agencies proceeded with charges based on available evidence. >

"We don’t have access to the crime scenes, we don’t have photographs, site plans, measurements, the recovery of projectiles, blood spatter analysis, all of those things we would normally get at a crime scene."

“— Ross Barnett, OSI Director of Investigations, Tuesday (Fox News)”

Allegations against Roberts-Smith first emerged publicly in 2017 and 2018 through articles in The Age, Sydney Morning Herald, and The Canberra Times. He sued the newspapers for defamation in a trial that became Australia's most expensive. In 2023, Federal Court Justice Anthony Besanko ruled that four of six murder allegations were substantiated, including one where Roberts-Smith allegedly ordered the shooting of an injured Afghan man named Ali Jan after pushing him off a cliff.

The High Court dismissed Roberts-Smith's appeal in September 2025. The criminal charges build on this civil ruling and stem from a joint OSI-AFP effort that has investigated 53 ADF members for war crimes in Afghanistan, with ten cases ongoing.

Prime Minister Tony Abbott expressed support for Roberts-Smith on X, questioning why the allegations were not addressed earlier. " Australia's current prime minister has not publicly commented. Roberts-Smith earned the Victoria Cross for actions during his fifth tour in Afghanistan, where he stormed two enemy machine gun positions.

He left the ADF in 2013. The charges have reignited debate over war crimes by Australian forces in Afghanistan, following broader inquiries into ADF conduct.