Ben Roberts-Smith has been arrested at Sydney Airport and charged with five counts of war crimes related to the killing of five people in Afghanistan between 2009 and 2012, the Australian Federal Police announced on Tuesday. Each charge carries a maximum penalty of life imprisonment.
AFP Commissioner Krissy Barrett said at a news conference, “It will be alleged the victims were not taking part in hostilities at the time of their alleged murder in Afghanistan.” She added that police would also allege the victims were shot by Roberts-Smith or by subordinates acting under his orders and in his presence.
Barrett explained that the charges followed a “complex” investigation conducted by the AFP and the Office of the Special Investigator dating back to 2021. Roberts-Smith is scheduled for a bail hearing at the New South Wales local court on Wednesday.
The arrest comes after Roberts-Smith lost defamation proceedings against journalists who reported that he was “complicit in and responsible for the murder” of unarmed Afghan men. An Australian judge ruled in 2023 that the journalists had not defamed him, a decision later upheld by the Full Court of the Federal Court of Australia.
Rawan Arraf described the arrest as “a significant and long-awaited step for victims and affected communities” in Afghanistan. She added, “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.”
Roberts-Smith’s case has attracted scrutiny in Australia, particularly as he had been awarded the Victoria Cross for his fifth tour of Afghanistan and was regarded as the country’s most-decorated living war veteran.
Meanwhile, former Australian army lawyer David McBride remains imprisoned for revealing information about alleged Australian war crimes in Afghanistan. Australian Senator David Shoebridge reacted on X, posting, “Release David McBride.”