In a landmark development that marks one of the most significant legal milestones in Australia’s military history, Australia’s most highly decorated living soldier has been taken into custody, with criminal war crime charges related to his service in Afghanistan set to be formally brought against him, local media has confirmed.
Forty-seven-year-old Ben Roberts-Smith, who ended his career with the Australian Defence Force in 2013, was detained by authorities at Sydney Airport. The former Special Air Service corporal and Victoria Cross recipient is scheduled to appear before an Australian court on Tuesday to face five counts of murder related to alleged war crimes committed during his deployment in Afghanistan.
This arrest comes nearly two years after a 2023 civil defamation trial delivered a pivotal ruling that found Roberts-Smith unlawfully killed four unarmed Afghan civilians during his time in the country. Despite the court’s findings, the former soldier has repeatedly denied all allegations against him, previously describing the claims as “egregious” and “spiteful”. He has long maintained that any killings attributed to him occurred legally amid active combat operations, or that they never took place at all. Last year, he lost an appeal against the 2023 defamation verdict.
The case traces its origins back to the 2020 Brereton Report, a landmark independent investigation into alleged war crimes by Australian forces in Afghanistan. The report uncovered credible evidence that elite Australian soldiers had unlawfully killed 39 Afghan civilians between 2005 and 2016, and formally recommended that 19 current and former service members be investigated for criminal prosecution. Roberts-Smith’s defamation trial was a historic first: it marked the first time any Australian court had conducted a formal assessment of war crime claims against the country’s military personnel.
This is an ongoing breaking news story, with new details expected to be released in the coming hours as the legal process progresses. Audiences can access real-time updates through the BBC News mobile app, or by following the BBC Breaking account on X.