Ben Roberts-Smith, a recipient of the Victoria Cross, was arrested at Sydney Airport following a joint investigation by the Australian Federal Police and the Office of the Special Investigator, which commenced in 2021. This arrest marks the potential beginning of Australia’s most significant war crime prosecution, as the charges he faces include five counts of war crimes related to murder, which could result in life imprisonment.
Roberts-Smith, who served in Afghanistan multiple times as a member of the Special Air Service Regiment (SASR), received multiple commendations for his bravery, including the Medal for Gallantry in 2006 and the Victoria Cross in 2011 for heroism during the battle of Tizak. Despite his prestigious military career, allegations arose regarding his conduct during operations in Afghanistan. In April 2009, he was implicated in the unlawful deaths of Afghan nationals during an SAS mission in Kakarak, Uruzgan Province.
The investigation intensified over the years, with the Brereton report released in 2020 alleging credible evidence of 39 unlawful killings by Australian special forces, leading to media scrutiny of Roberts-Smith. In 2018, he sued several newspapers for defamation after they published allegations against him, which he claimed were false. However, his defamation case was dismissed in 2023 when Justice Anthony Besanko found that the war crimes claims against him were largely true, detailing that Roberts-Smith had unlawfully killed unarmed Afghan men.
Roberts-Smith’s legal battles have been costly, with estimates of over $30 million incurred during the extended defamation trial and subsequent appeal. Following the dismissal of his appeal in September 2025, the situation culminated in his recent arrest, signalling a new chapter in a saga that has captured national attention and raised significant questions about military conduct and accountability.
If you are a current or former Australian Defence Force member, support is available through the Defence All-Hours Support Line (1800 628 036) or Open Arms (1800 011 046).