Former Australian soldier Ben Roberts-Smith arrested over alleged war crimes in Afghanistan
Consensus Summary
Ben Roberts-Smith, Australia’s most decorated living soldier and Victoria Cross recipient, was arrested at Sydney Airport on Tuesday, 23 April 2024, in relation to five alleged war crimes—murder—committed in Afghanistan between 2009 and 2012. The charges stem from a five-year investigation by the Office of the Special Investigator (OSI) and Australian Federal Police (AFP), which secured witness testimonies and evidence including phone taps and raids. Roberts-Smith is accused of personally executing and directing the execution of unarmed Afghan civilians and detainees, including a man with a prosthetic leg in 2009 and a man named Ali Jan in 2012, who was allegedly kicked off a cliff before being shot. The case follows a 2023 defamation ruling where Justice Anthony Besanko found, to the civil standard of 'balance of probabilities,' that Roberts-Smith was involved in the murder of four unarmed civilians, a decision upheld by the High Court. Despite his fall from grace, Roberts-Smith continues to deny wrongdoing and is expected to fight the charges. Politicians like Pauline Hanson have publicly pledged support, while Prime Minister Albanese has avoided comment to prevent prejudicing the legal process. The arrest marks a historic moment in Australian military justice, potentially stripping Roberts-Smith of his medals and sending a message that no soldier is above the law.
✓ Verified by 2+ sources
Key details reported by multiple sources:
- Ben Roberts-Smith was arrested at Sydney Airport on Tuesday, 23 April 2024, in relation to alleged war crimes in Afghanistan between 2009 and 2012
- He is expected to be charged with five counts of war crime—murder, linked to three incidents in Afghanistan (April 2009, September 2011, and October 2012)
- The maximum penalty for the offence is life imprisonment
- Roberts-Smith was awarded the Victoria Cross in 2010 for 'most conspicuous gallantry' during the battle of Tizak in Afghanistan
- A five-year investigation by the Office of the Special Investigator (OSI) and Australian Federal Police (AFP) led to the charges
- Roberts-Smith previously lost a defamation case in 2023, where Justice Anthony Besanko ruled to the civil standard of 'balance of probabilities' that he was involved in the murder of four unarmed Afghan civilians
- The High Court in September 2023 refused to hear Roberts-Smith’s appeal against the defamation ruling
- Roberts-Smith is scheduled to face a bail hearing on Wednesday, 24 April 2024
- The Australian War Memorial is reviewing its display of Roberts-Smith
- Pauline Hanson (One Nation leader) stated she would not 'abandon' Roberts-Smith, calling for public support
- Prime Minister Anthony Albanese refused to comment on the arrest, citing the matter is before the courts
Points of Difference
Details reported by only one source:
- Mentions the Australian War Memorial is reviewing its display of Ben Roberts-Smith
- Details the alleged 2009 execution of an elderly man with a prosthetic leg and a younger man with a prosthetic leg, including the macabre use of the leg as a drinking vessel
- Reports that Roberts-Smith was named 'father of the year' and served as chair of the government’s Australia Day council
- Includes a quote from Pauline Hanson: 'Ben, his immediate and broader defence family need the Australian people’s support right now and I will not abandon him like so many other politicians'
- Reports that Roberts-Smith was arrested at Sydney Airport after arriving on QF515 from Brisbane at 11am
- Includes a quote from Tony Abbott: 'If Ben Roberts-Smith transgressed, why wasn’t this picked up prior to his gallantry awards?'
- Reports that the AFP and OSI will address media after the arrest of a former ADF member
- Details the alleged 2012 'blooding' incident involving a man named Ali Jan, who was kicked off a cliff and later executed
- Reports that Pauline Hanson posted on X (formerly Twitter) about Roberts-Smith’s arrest, stating he was 'disgracefully arrested in front of his twin 15-year-old girls'
- Includes a quote from Greens senator David Shoebridge: 'Good.' after posting a screenshot of the arrest news
- States that the 2023 defamation ruling was made to the civil 'balance of probabilities' standard, not the criminal 'beyond reasonable doubt' standard
- Reports that the AFP had additional evidence not yet heard in court, given the six-month gap between the defamation ruling and the arrest
- Reports that the OSI secured the cooperation of SAS eyewitnesses who allege Roberts-Smith executed and directed junior soldiers to execute at least half a dozen detainees
- Includes a quote from an anonymous SAS eyewitness: 'Well, it’s all about the truth, and I think, honour. And we lost men in Afghanistan... how do you honour them? By telling the truth'
- Details that the OSI used phone tapping, listening devices, and raids to build the case
- Reports that the CDPP recently contacted Attorney-General Michelle Rowland for authorisation to prosecute
- Includes a quote from Bibi Dhorko, wife of Ali Jan: 'He didn’t side with anyone and never had a gun. He was living in the mountain and doing his work'
- Reports that the OSI was created in response to the Brereton Report, which found credible information of 39 alleged executions by SAS soldiers
- Reports that Roberts-Smith is expected to be charged with five counts of war crime—murder, including allegations he intentionally caused the death of a person in April 2009 and aided in another murder in Kakarak, Uruzgan Province
- Includes specific details of the alleged murders: April 2009 (Kakarak, Uruzgan Province), September 2011 (Darwan), and October 2012 (Syahchow)
- Reports that the OSI and AFP will address media after the arrest of a former ADF member
- Includes a quote from an anonymous source: 'The Commonwealth Director of Public Prosecutions (CDPP) had recently contacted Attorney-General Michelle Rowland seeking authorisation for a prosecution'
- Reports that the OSI used phone tapping, listening devices, and raids to build the case
Contradictions
Conflicting information between sources:
- The Guardian and ABC specify the alleged 2009 murder location as Kakarak, Uruzgan Province, while The Age and SMH do not mention this specific location
- The Guardian and SMH report that Roberts-Smith allegedly ordered a junior soldier to execute a man with a prosthetic leg in 2009, but the ABC does not mention the prosthetic leg detail
- The Guardian and SMH report that the OSI used phone tapping, listening devices, and raids, but the ABC does not mention these investigative methods
- The Guardian and SMH report that the OSI secured the cooperation of SAS eyewitnesses, but the ABC does not provide this level of detail
- The Guardian and SMH report that the alleged 2012 'blooding' incident involved a man named Ali Jan, but the ABC does not mention Ali Jan by name
Source Articles
Afternoon Update: Ben Roberts-Smith arrested over alleged war crimes; Trump’s Iran deadline nears; and the appeal of barefoot hiking
Want to get this in your inbox every weekday? Sign up for the Afternoon Update here , and start your day with our Morning Mail newsletter . Welcome, readers, to Afternoon Update. Australia’s most deco...
Former Australian soldier Ben Roberts-Smith arrested over alleged war crimes in Afghanistan
Roberts-Smith previously failed in his attempt to sue three newspapers which published allegations he murdered unarmed civilians and bullied comrades Follow our Australia news live blog for latest upd...
Pauline Hanson says she won’t ‘abandon’ Ben Roberts-Smith as Greens argue ‘no one should be above the law’
Queensland senator ‘steadfast’ in her support of former Australian soldier as police charge him with five counts of war crime – murder Follow our Australia news live blog for latest updates Get our br...
The arrest of Australia's most decorated war hero Ben Roberts-Smith – podcast
Australia’s most decorated living soldier, Ben Roberts-Smith, has been arrested at Sydney airport in relation to alleged war crimes. He was subsequently charged, and was due to appear in bail court on...
Hanson ‘will not abandon’ Roberts-Smith
Pauline Hanson says she will not abandon Ben Roberts-Smith following revelations the decorated soldier is expected to be charged with war crimes....
Live moment: Ben Roberts-Smith expected to be charged with war crimes
One of Australia's most decorated soldiers, Ben Roberts-Smith, has been arrested and is expected to be charged with five counts of the war crime of murder....
Details of Ben Roberts-Smith arrest revealed by AFP commissioner - video
Australian federal police commissioner, Krissy Barrett, says a former soldier was arrested at Sydney’s domestic airport on Tuesday morning, and will face court in New South Wales later on Tuesday. She...
Former soldier Ben Roberts-Smith arrested over alleged Afghanistan war crimes
SBS understands the former soldier was arrested on Tuesday and is expected to face five war crime murder charges over Afghanistan deaths....
Ben Roberts-Smith arrested over multiple war crimes
Australia’s most famous soldier has been taken into custody over the alleged murders of unarmed Afghan civilians and prisoners....
Ben Roberts-Smith arrested over multiple war crimes
Australia’s most famous soldier has been taken into custody over the alleged murders of unarmed Afghan civilians and prisoners....
Ben Roberts-Smith arrested by Australian federal police at Sydney airport – video
Australia’s most decorated living soldier, Ben Roberts-Smith, has been arrested at Sydney airport in relation to alleged war crimes. The Australian federal police and the Office of the Special Investi...