{"id":30618,"date":"2026-04-07T04:56:25","date_gmt":"2026-04-07T08:56:25","guid":{"rendered":"https:\/\/worldjusticenews.com\/news\/?p=30618"},"modified":"2026-04-07T04:56:25","modified_gmt":"2026-04-07T08:56:25","slug":"australias-most-decorated-living-soldier-charged-over-alleged-war-crimes","status":"publish","type":"post","link":"https:\/\/worldjusticenews.com\/news\/2026\/04\/07\/australias-most-decorated-living-soldier-charged-over-alleged-war-crimes\/","title":{"rendered":"Australia&#8217;s most-decorated living soldier charged over alleged war crimes"},"content":{"rendered":"<div class=\"ssrcss-vxwoax-ComponentWrapper e1aon0op1\" data-block=\"text\">\n<div class=\"ssrcss-126h8e-Spacer e1aon0op0\">\n<div data-testid=\"rich-text\">\n<div class=\"ssrcss-nqezkk-RichTextContainer e5tfeyi1\">\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\"><b class=\"ssrcss-1xjjfut-BoldText e5tfeyi3\">Australia&#8217;s most-decorated living soldier has been charged over allegations he committed war crimes in Afghanistan.<\/b><\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">Ben Roberts-Smith &#8211; who left the defence force in 2013 &#8211; was arrested at Sydney airport on Tuesday and will face court over five counts of the war crime of murder. He will spend the night in a cell, before a bail hearing on Wednesday.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">A defamation judgement in 2023 found the former Special Air Service (SAS) corporal and Victoria Cross recipient had killed several unarmed Afghans.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">The 47-year-old denies all wrongdoing, and has previously said the allegations against him<b class=\"ssrcss-1xjjfut-BoldText e5tfeyi3\">\u00a0<\/b>&#8211; which have not yet been assessed at a criminal standard &#8211;<b class=\"ssrcss-1xjjfut-BoldText e5tfeyi3\">\u00a0<\/b>were &#8220;egregious&#8221; and &#8220;spiteful&#8221;.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<div class=\"ssrcss-vxwoax-ComponentWrapper e1aon0op1\" data-block=\"text\">\n<div class=\"ssrcss-126h8e-Spacer e1aon0op0\">\n<div data-testid=\"rich-text\">\n<div class=\"ssrcss-nqezkk-RichTextContainer e5tfeyi1\">\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">The civil trial was the first time in history any court has examined claims of war crimes by Australian forces.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">Roberts-Smith argued the alleged killings occurred legally during combat or did not happen at all, and last year lost an appeal against the Federal Court finding.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">At a news conference in Sydney on Tuesday, the Australian Federal Police (AFP) confirmed a 47-year-old former soldier had been arrested and said he would be charged with killing unarmed detainees while serving in Afghanistan between 2009 and 2012.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">He faces one charge of the war crime of murder, one of jointly commissioning a murder, and three of aiding, abetting, counselling or procuring a murder.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">&#8220;It will be alleged the victims were shot by the accused or shot by subordinate members of the ADF [Australian Defence Force] in the presence of, and acting on the orders of, the accused,&#8221; Commissioner Krissy Barrett said.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">In 2020, a landmark investigation known as the Brereton Report found &#8220;credible evidence&#8221; that elite Australian soldiers unlawfully killed 39 people in Afghanistan, recommending 19 current or former ADF members be investigated.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">A specialist team &#8211; called the Office of the Special Investigator (OSI) &#8211; was set up to do so. It has charged only one other person so far.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">Ross Barnett, director of investigations at OSI, said Roberts-Smith&#8217;s arrest was a &#8220;significant step&#8221; under &#8220;challenging circumstances&#8221;.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">&#8220;The OSI has been tasked with investigating literally dozens of murders alleged to have been committed in the middle of a war zone in a country 9,000km from Australia,&#8221; he said.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">&#8220;We can&#8217;t go to that country, we don&#8217;t have access to the crime scenes&#8230; We don&#8217;t have photographs, site plans, measurements, the recovery of projectiles, blood spatter analysis&#8230; We don&#8217;t have access to the deceased.&#8221;<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">Barrett added that allegations of misconduct were confined to &#8220;a very small section of our trusted and respected ADF&#8221;.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">&#8220;The majority of the ADF do our country proud,&#8221; she said.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">Earlier on Tuesday, Prime Minister Anthony Albanese said he would not comment on the case as it is before the courts.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">&#8220;[It] is very important that there not be political engagement,&#8221; he said.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">In a statement, the Australian War Memorial has said it will again review its Ben Roberts-Smith exhibit. A plaque accompanying a display of his uniform and medals has been repeatedly updated to reflect the allegations, and the outcome of his defamation case.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">At the time Nine newspapers first published reports of the allegations in 2018, Roberts-Smith was considered a national hero, having been awarded Australia&#8217;s highest military honour for single-handedly overpowering Taliban fighters attacking his SAS platoon.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">In a bid to clear his name, he launched a high-profile legal battle &#8211; which spanned seven years, cost millions of dollars and was dubbed by some as Australia&#8217;s &#8220;trial of the century&#8221;.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">However a Federal Court judge found &#8211; on the balance of probabilities &#8211; that Roberts-Smith had taken part in at least four murders, a judgement upheld on appeal.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">Anthony Besanko found that Roberts-Smith had twice ordered unarmed men be shot dead to &#8220;blood&#8221; rookie soldiers, and was involved in the deaths of a handcuffed farmer he kicked off a cliff and a captured Taliban fighter whose prosthetic leg was taken as a trophy and later used by troops as a drinking vessel.<\/p>\n<p>Source: <a href=\"https:\/\/www.bbc.co.uk\/news\/articles\/crr1jyk0qwjo\" target=\"_blank\" rel=\"noopener\">bbc.co.uk<\/a><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<div class=\"mh-excerpt\">Australia&#8217;s most-decorated living soldier has been charged over allegations he committed war crimes in Afghanistan. Ben Roberts-Smith &#8211; who left the defence force in 2013 &#8211; was arrested at Sydney airport on Tuesday and will <a class=\"mh-excerpt-more\" href=\"https:\/\/worldjusticenews.com\/news\/2026\/04\/07\/australias-most-decorated-living-soldier-charged-over-alleged-war-crimes\/\" title=\"Australia&#8217;s most-decorated living soldier charged over alleged war crimes\">[&#8230;]<\/a><\/div>\n","protected":false},"author":1,"featured_media":25671,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"pmpro_default_level":"","footnotes":""},"categories":[350,15,109,2,6],"tags":[12387,2992,8895,819,12386,6788,12385,12388,12389,730,12384,3862,12383,2490,850],"class_list":{"0":"post-30618","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-australia","8":"category-human-rights","9":"category-headline","10":"category-news","11":"category-world","12":"tag-adf","13":"tag-afghanistan","14":"tag-afp","15":"tag-australia","16":"tag-australian-defence-force","17":"tag-australian-federal-police","18":"tag-ben-roberts-smith","19":"tag-office-of-the-special-investigator","20":"tag-osi","21":"tag-sas","22":"tag-special-air-service","23":"tag-sydney","24":"tag-sydney-airport","25":"tag-taliban","26":"tag-war-crimes","27":"pmpro-has-access"},"_links":{"self":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/30618","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/comments?post=30618"}],"version-history":[{"count":1,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/30618\/revisions"}],"predecessor-version":[{"id":30619,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/30618\/revisions\/30619"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media\/25671"}],"wp:attachment":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media?parent=30618"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/categories?post=30618"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/tags?post=30618"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}