Top Australian Soldier Charged with War Crimes to Remain in Custody

Ben Roberts-Smith, Australia’s most-decorated living soldier, remains in custody facing five murder charges over alleged war crimes in Afghanistan. The criminal case follows a 2023 defamation ruling that found substantial truth to claims he killed unarmed Afghans while serving in the SAS. Roberts-Smith denies all wrongdoing and is set to appear in court via video link on 17 April.

Ben Roberts-Smith, widely recognized as Australia’s most-decorated living soldier, will remain in custody after his legal team chose not to apply for bail following his arrest on charges related to alleged war crimes in Afghanistan. The 47-year-old former corporal of the Australian Special Air Service Regiment (SAS) was detained at Sydney Airport on Tuesday and subsequently charged with five counts of the war crime of murder before being transferred to a police cell. Roberts-Smith has consistently denied all allegations, describing the claims as “egregious.”
The criminal proceedings stem from a landmark 2023 defamation case, in which a court found that Roberts-Smith had killed several unarmed Afghans between 2009 and 2012. That civil case, which Roberts-Smith had initiated, was historic in that it marked the first time Australian courts examined allegations of war crimes committed by members of the nation’s armed forces. During the defamation proceedings, Roberts-Smith’s lawyers argued that the alleged killings were either lawful acts carried out in combat situations or that they had not occurred at all. The judge, applying the civil standard of “balance of probabilities,” determined that there was substantial truth to the allegations, highlighting serious questions about conduct during the SAS operations.
In the criminal case, Roberts-Smith faces one charge of murder, one charge of jointly commissioning a murder, and three charges of aiding, abetting, counselling, or procuring a murder. Each of these charges carries the maximum penalty of life imprisonment, underscoring the gravity of the allegations. Australian Federal Police (AFP) Commissioner Krissy Barrett confirmed that the case had involved an extensive and detailed investigation. She stated that it is alleged that the victims were either shot by Roberts-Smith himself or by subordinate members of the Australian Defence Force (ADF) under his orders, while acting in his presence.
Commissioner Barrett emphasized that the alleged misconduct was confined to a “very small section” of the ADF, stressing that the majority of the country’s armed forces serve with distinction and honor. She noted that the investigation was “complex and thorough,” reflecting the serious nature of the charges and the high standards applied in reviewing military operations.
Roberts-Smith, who received Australia’s highest military honor, the Victoria Cross, in 2011 for acts of exceptional bravery, is expected to appear in court via video link on 17 April. The case has drawn significant public and media attention, both because of Roberts-Smith’s status as a decorated war hero and due to the broader implications of examining alleged war crimes committed by Australian forces overseas.
This criminal trial represents a rare and historic moment in Australian military and legal history, highlighting the tension between valorized military service and accountability for alleged violations of international humanitarian law. It also raises questions about how nations investigate, prosecute, and publicly confront alleged misconduct by highly decorated service members.