Australia’s most decorated living soldier charged amid fierce debate over war crimes allegations

Australian authorities have arrested and charged the country's most decorated living soldier, Ben Roberts-Smith, 47, with five war crime murders allegedly committed during the war in Afghanistan.

Roberts-Smith, a former member of the Australian Defence Force, was arrested at Sydney Airport on Tuesday. His arrest has sparked outcry from a former Australian prime minister, who argued its unfair to judge the actions of "men in mortal combat by the standards of ordinary civilian life." X owner Elon Musk also weighed in on the arrest, calling it "insane."

The Australian Federal Police and the Office of the Special Investigator said Roberts-Smith is being charged in connection with the killings of five unarmed Afghans in three separate incidents between 2009 and 2012. AFP Commissioner Krissy Barrett alleged that Roberts-Smith either killed the unarmed Afghans himself or instructed a subordinate to kill them. If convicted, Roberts-Smith faces life imprisonment on each charge.

"It will be alleged the victims were not taking part in hostilities at the time of their alleged murder in Afghanistan," Barrett said during a press conference. "It will be alleged the victims were detained, unarmed and were under the control of ADF members when they were killed."

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The investigation into Roberts-Smith began in 2021, according to Ross Barnett, director of investigations at the Office of the Special Investigator. Roberts-Smith received the Victoria Cross after storming two enemy machine guns during his fifth tour in Afghanistan.

Barnett said at the press conference that the investigation was "under challenging circumstances," given that some of the murders occurred well over a decade ago and investigators were unable to visit Afghanistan.

"We don’t have access to the crime scenes, we don’t have photographs, site plans, measurements, the recovery of projectiles, blood spatter analysis, all of those things we would normally get at a crime scene," Barnett said at the press conference.

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While Australia's current prime minister has yet to weigh in on the arrest, former Australian Prime Minister and leader of the Liberal Party Tony Abbott expressed his support for Roberts-Smith on X in a lengthy post.

"If Ben Roberts-Smith transgressed, why wasn’t this picked up prior to his gallantry awards and why wasn’t any culture of brutality towards prisoners detected by his more senior officers, and dealt with quickly, rather than being allowed to fester, as has been alleged, for over a decade?" Abbott wrote.

Allegations that Roberts-Smith engaged in war crimes began circulating publicly in 2017 and 2018 in articles published by The Age, the Sydney Morning Herald and The Canberra Times.

Roberts-Smith filed a defamation suit against the papers, which became Australia's most expensive defamation trial, but in 2023, a Federal Court judge ruled that four of the six murder allegations brought by the papers against Roberts-Smith were legitimate.

In one of the allegations ruled to have merit by Justice Anthony Besanko, Roberts-Smith allegedly marched a handcuffed Afghan man named Ali Jan off the edge of a 10-meter cliff. He survived the fall, but Roberts-Smith and his fellow soldiers walked down a footpath to meet him. Roberts-Smith then ordered a subordinate, known as Person 11 in court, to shoot him.

The High Court dismissed Roberts-Smith's appeal of the ruling in September 2025.

The criminal charges against Roberts-Smith stem from a joint effort by OSI and AFP. The two Australian agencies have conducted 53 investigations into ADF members tied to war crime allegations in Afghanistan. Ten of the investigations remain ongoing.