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Ben Roberts-Smith expected to be charged with five alleged counts of war crime
Former Special Air Services soldier Ben Roberts-Smith will be charged with five counts of alleged war crimes: murder after a year-long investigation.
Roberts-Smith, 47, was arrested at Sydney’s domestic airport today after arriving on a flight from Brisbane. The charges, if proven in a court of law, carry a maximum penalty of life in prison.
The Victoria Cross recipient served in multiple foreign theaters during his service in the armed forces, including Iraq and Afghanistan.
Australian Federal Police Commissioner Krissy Barrett said Roberts-Smith will be charged today and is expected to appear in court.
It will be alleged that Roberts-Smith carried out or “aided, advised or abetted” others to carry out the murders of five men in Afghanistan between 2009 and 2012.
Roberts-Smith, who is currently at Mascot Police Station, is expected to be charged with the following offenses under section 268.70(1) of the Criminal Code (Cth):
- The war crime of murder, in that he deliberately caused the death of a person, on or about April 12, 2009, in Kakarak, Uruzgan Province, Afghanistan;
- The war crime of murder, in that he assisted, encouraged, advised or incited another person to deliberately cause the death of a person, on or about April 12, 2009, in Kakarak, Uruzgan Province, Afghanistan;
- The war crime of murder, in that he assisted, encouraged, advised or incited another person to deliberately cause the death of a person, on or about September 11, 2012, in Darwan, Uruzgan Province, Afghanistan;
- The war crime of murder of another person, in the sense of deliberately causing the death of a person, on or about October 20, 2012, in Syahchow, Uruzgan Province, Afghanistan; And,
- The war crime of murder, in that he assisted, encouraged, advised or incited another person to deliberately cause the death of a person, on or about October 20, 2012, in Syahchow, Uruzgan Province, Afghanistan.
Barrett said the alleged victims were not believed to be “participating in hostilities” when they were killed.
She claimed that they were all shot dead, either by Roberts-Smith or by subordinates on his orders and in his presence.
If convicted, Roberts-Smith faces a maximum sentence of life in prison
Barrett took time to urge Australians to provide support to the ADF and the families of servicemen and ex-servicemen, who she expected would be affected by the news.
“The vast majority of our ADF are proud of our country,” she said.
“Today’s allegations do not reflect the majority of members.”
She confirmed the investigation remained open and urged anyone with information to contact the Office of the Special Investigator (OSI).
OSI Research Director Ross Barnett emphasized the complexity of the investigation, noting the apparent limitations on access to witnesses and crime scenes, and the fact that Afghanistan is a hostile country under Taliban rule.
The investigation started in 2021.
“We often have to start our investigation with a few photographs from the battlefield, some contemporary ADF reporting and possibly third-party eyewitness testimony,” Barnett said.
In 2023, Roberts-Smith lost a defamation suit he brought against Nine newspapers The era and the Sydney Morning Herald after an investigation published reports that he had committed alleged war crimes while deployed in Afghanistan.
Nine is the publisher of this website.
The judge found, under the civil standard of defamation law, that Roberts-Smith had killed four unarmed Afghan men and violated the rules of military conduct.
Roberts-Smith has always denied any wrongdoing in his employment
Once celebrated as Australia’s most decorated soldier, Roberts-Smith was awarded the Medal for Gallantry in 2006, the Victoria Cross in 2011 and the Distinguished Service Medal in 2012.
He joined the Armed Forces in 1996 and was appointed to the Special Air Service Regiment, Australia’s most elite fighting force, in 2003.
He was fired in 2013
If you are a current or former ADF member, or a family member, and require advice or support, please contact the Defense All-Hours Support Line on 1800 628 036 or Open Arms on 1800 011 046.
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