Ben Roberts-Smith, a former Australian special forces soldier, was arrested at Sydney airport on Tuesday and is expected to face charges related to alleged war crimes committed in Afghanistan, according to reports from the Australian Broadcasting Corporation (ABC). The Australian Federal Police (AFP) stated the charges involve five counts of the war crime of murder concerning unarmed Afghan nationals.
AFP Commissioner Krissy Barrett announced the charges at a press conference in Sydney. According to the ABC, Barrett said the charges allege the murder of five individuals who “were not taking part in hostilities at the time of their alleged murder.” She described the case as the result of a “complex” investigation conducted jointly by the AFP and the Office of the Special Investigator (OSI) that began in 2021. Roberts-Smith, 47, was expected to appear in a New South Wales court later on Tuesday.
The arrest follows a separate, high-profile civil case. In 2023, Roberts-Smith lost a defamation lawsuit he filed against three newspapers that had reported on his alleged involvement in the killings of Afghan men. A federal judge ruled that the newspapers had proven their reporting was substantially true. That ruling was upheld by the Full Court of the Federal Court of Australia in May of the preceding year.
Following the announcement of the arrest, the Australian Centre for International Justice released a statement. Rawan Arraf, the center’s executive director, called the development a “significant and long-awaited step for victims and affected communities.”
“The proper investigation and prosecution of alleged war crimes by members of the Australian special forces in Afghanistan are essential to ensuring justice for Afghan victims and to Australia meeting its obligations under international law,” Arraf’s statement read.
Roberts-Smith is a recipient of the Victoria Cross, Australia’s highest military honor for gallantry, for his service during his fifth tour in Afghanistan. He is reported to be the country’s most-decorated living veteran. Approximately 39,000 Australian military personnel were deployed to Afghanistan over two decades as part of operations led by the United States and NATO.
The news of the arrest also drew comment related to the case of David McBride, a former Australian army lawyer who is currently imprisoned for leaking classified information to journalists about alleged war crimes in Afghanistan. In response to the news, Australian Senator David Shoebridge posted a short message on the social media platform X, stating, “Release David McBride.”
