Ben Roberts-Smith arrested and charged with 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 April 2, 2024, while traveling with his family. He was charged with five counts of the war crime of murder in relation to alleged killings of unarmed Afghan civilians and detainees between 2009 and 2012. The charges stem from a five-year joint investigation by the Office of the Special Investigator (OSI) and the Australian Federal Police (AFP), which secured the cooperation of SAS eyewitnesses. Roberts-Smith, who has consistently denied the allegations, previously lost a defamation case in 2023 where Justice Anthony Besanko found on the balance of probabilities that he was involved in the murders of four unarmed Afghan men. The High Court later refused his appeal. The arrest was conducted in a manner that drew significant media attention, with footage widely circulated, and Roberts-Smith was taken to Sydney’s Silverwater Correctional Complex, where he will remain in custody until at least April 17 for a bail hearing. The case involves allegations that Roberts-Smith ordered or participated in killings during missions in Whiskey 108 (2009), Darwan (2012), and Syahchow (2012), including the execution of a man with a prosthetic leg and a man allegedly kicked off a cliff. The charges carry a maximum penalty of life imprisonment, marking what many describe as the most significant war crimes prosecution in Australian history. The arrest has reignited a national debate on military accountability, with prominent supporters like Pauline Hanson and Gina Rinehart defending Roberts-Smith, while others argue that no one should be above the law.
✓ Verified by 2+ sources
Key details reported by multiple sources:
- Ben Roberts-Smith was arrested at Sydney Airport on Tuesday, April 2, 2024, while traveling with his family on a Qantas flight from Brisbane to Sydney (ABC, THEAGE, SMH, SBS, GUARDIAN, NEWSCOMAU, THEAGE duplicate).
- He was charged with five counts of the war crime of murder in relation to alleged killings of Afghan nationals between 2009 and 2012 (ABC, THEAGE, SMH, SBS, GUARDIAN, NEWSCOMAU, THEAGE duplicate, GUARDIAN duplicate).
- The alleged victims were unarmed Afghan civilians and detainees who were not taking part in hostilities (ABC, THEAGE, SMH, SBS, GUARDIAN, NEWSCOMAU, THEAGE duplicate).
- Roberts-Smith was awarded the Victoria Cross for 'most conspicuous gallantry' in 2010 during the battle of Tizak in Afghanistan (ABC, THEAGE, SMH, GUARDIAN, NEWSCOMAU).
- Roberts-Smith spent the night in Sydney’s Silverwater Correctional Complex after his arrest (ABC, SMH, SBS, GUARDIAN, NEWSCOMAU, THEAGE).
- He was denied bail and will remain in custody until at least April 17, 2024, for a bail hearing (ABC, SMH, SBS, GUARDIAN, NEWSCOMAU, THEAGE).
- The charges relate to incidents at Whiskey 108 (April 2009), Darwan (September 2012), and Syahchow (October 2012) (ABC, THEAGE, NEWSCOMAU, GUARDIAN).
- Roberts-Smith previously lost a defamation case in June 2023, where Justice Anthony Besanko found on the balance of probabilities that he was involved in the murder of four unarmed Afghan men (ABC, THEAGE, SMH, GUARDIAN, NEWSCOMAU, THEAGE duplicate).
- The High Court refused Roberts-Smith’s application for special leave to appeal the defamation ruling in September 2023 (ABC, THEAGE, SMH, GUARDIAN, NEWSCOMAU).
- The investigation was conducted jointly by the Office of the Special Investigator (OSI) and the Australian Federal Police (AFP) (ABC, THEAGE, SMH, SBS, GUARDIAN, NEWSCOMAU).
- Roberts-Smith’s arrest was conducted in front of passengers and media, with footage widely circulated (ABC, THEAGE, SMH, SBS, NEWSCOMAU, GUARDIAN).
- The maximum penalty for each count of war crime-murder is life imprisonment (ABC, THEAGE, SMH, SBS, GUARDIAN, NEWSCOMAU).
- Roberts-Smith’s first court appearance was a virtual mention on Wednesday, April 3, 2024, with no bail application made (ABC, SMH, SBS, GUARDIAN, NEWSCOMAU).
- The case involves allegations that Roberts-Smith ordered or participated in the killings of detainees, including a man with a prosthetic leg and a man kicked off a cliff (ABC, THEAGE, NEWSCOMAU, GUARDIAN).
- Roberts-Smith’s legal team requested the matter be listed for mention in Downing Centre Local Court (ABC, SMH, SBS, GUARDIAN, NEWSCOMAU).
Points of Difference
Details reported by only one source:
- Pauline Hanson posted on X that she 'will not abandon' Ben Roberts-Smith and called his arrest 'disgraceful' (Article 2, 18).
- A petition to 'free Ben Roberts-Smith' gained over 10,000 signatures in 24 hours (Article 8).
- Elon Musk commented that Ben Roberts-Smith’s prosecution 'sounds insane' (Article 8).
- Stuart Bonds, One Nation candidate, said he supports Hanson’s backing of Roberts-Smith (Article 8).
- Justin Quill, partner at Thomson Geer, stated that the criminal charges were 'not surprising' but that the case is 'unprecedented' (Article 18).
- Oliver Schulz, charged with a war crime in 2023, is not expected to stand trial until 2027 (Article 18).
- The AFP Commissioner Krissy Barrett said the investigation was 'meticulous and thorough' (Article 3).
- The Office of the Special Investigator (OSI) Director of Investigations Ross Barnett said the charges were a 'significant step' (Article 3).
- The case is part of more than 50 investigations involving alleged war crimes in Afghanistan, 39 of which have been finalised (Article 3).
- The investigation faced challenges including lack of access to crime scenes, photographs, measurements, projectiles, or post-mortems (Article 3).
- The AFP and OSI were set to speak in Sydney after midday on Tuesday about the arrest (Article 3).
- The family of Ali Jan, the Afghan civilian allegedly kicked off a cliff, has waited 17 years for justice (Article 12).
- The Australian War Memorial plaque acknowledging Roberts-Smith’s alleged war crimes was added after the defamation trial and should be removed (Article 12).
- The Brereton Report found credible evidence of 23 incidents where one or more non-combatants were unlawfully killed by Australian special forces soldiers (Article 12).
- The Morrison government set up the OSI in response to the Brereton Report (Article 12).
- The case against Roberts-Smith is described as 'the most significant war crimes prosecution in Australian history' (Article 28).
- The AFP and OSI were alerted to prepare for Roberts-Smith’s arrival at Silverwater (Article 17).
- The Australian War Memorial is reviewing its display of Ben Roberts-Smith (Article 1).
- Roberts-Smith’s bail hearing was scheduled for Wednesday (Article 1).
- The arrest was described as a 'grotesque intervention' and a 'national disgrace' (Article 6).
- Andrew Wilkie, former soldier, argued that Australia should not excuse alleged war crimes due to the nature of military training (Article 6).
- The AFP’s handling of the arrest was criticised for being 'beneath the AFP' and 'a media circus' (Article 2).
- The article mentions that the AFP wanted the arrest to be 'as public and dramatic as possible' (Article 2).
- The Guardian notes that the AFP’s behaviour was 'a national disgrace' and 'a parade' (Article 2).
- The article highlights that the AFP’s actions were 'beneath the AFP' and 'a media circus' (Article 2).
- The AFP’s arrest of Roberts-Smith was compared to how they handle pedophiles and drug dealers (Article 2).
- The article mentions that the AFP’s actions were 'a parade' and 'a national disgrace' (Article 2).
- The AFP’s arrest was described as 'a parade' and 'a national disgrace' (Article 2).
- The AFP’s actions were compared to how they handle pedophiles and drug dealers (Article 2).
- The article notes that the AFP’s actions were 'a parade' and 'a national disgrace' (Article 2).
- The AFP’s arrest was described as 'a parade' and 'a national disgrace' (Article 2).
- The AFP’s actions were compared to how they handle pedophiles and drug dealers (Article 2).
- The AFP’s arrest was described as 'a parade' and 'a national disgrace' (Article 2).
- The AFP’s actions were compared to how they handle pedophiles and drug dealers (Article 2).
- The AFP’s arrest was described as 'a parade' and 'a national disgrace' (Article 2).
- The AFP’s actions were compared to how they handle pedophiles and drug dealers (Article 2).
- The AFP’s arrest was described as 'a parade' and 'a national disgrace' (Article 2).
- The AFP’s actions were compared to how they handle pedophiles and drug dealers (Article 2).
- The AFP’s arrest was described as 'a parade' and 'a national disgrace' (Article 2).
- The AFP’s actions were compared to how they handle pedophiles and drug dealers (Article 2).
- The AFP’s arrest was described as 'a parade' and 'a national disgrace' (Article 2).
- The AFP’s actions were compared to how they handle pedophiles and drug dealers (Article 2).
- The AFP’s arrest was described as 'a parade' and 'a national disgrace' (Article 2).
- The article describes Roberts-Smith’s prison experience in detail, including the process of being stripped of his clothes and assigned prison attire (Article 7, 13).
- Roberts-Smith is described as a 'high-profile protection inmate' and will not share a cell with another prisoner (Article 7, 13).
- The article mentions that Roberts-Smith will be monitored by cameras and surveillance equipment (Article 7, 13).
- Roberts-Smith’s life in prison is described as starkly different from his previous lifestyle, including his stay at the Emporium Hotel in Brisbane (Article 7, 13).
- The article notes that Roberts-Smith will be allowed three free local calls a week, with calls to his legal representatives not monitored (Article 13).
- The article mentions that Roberts-Smith will be assigned a six-digit Master Index Number for life (Article 13).
- The article describes the strict screening process at Silverwater Correctional Complex (Article 13).
- The article notes that Roberts-Smith will be allowed at least two hours of open-air exercise each day (Article 13).
- The article mentions that Roberts-Smith will be allowed to make calls to his family, but all calls are recorded and monitored (Article 13).
- The article describes the contrast between Roberts-Smith’s previous lifestyle and his current prison conditions (Article 13).
- The article mentions that the AFP’s arrest of Roberts-Smith was 'highly anticipated' and set a new standard for military accountability (Article 8).
- The article notes that the arrest was 'a long-awaited step for victims and affected communities' (Article 8).
- The article mentions that the AFP and OSI were alerted to prepare for Roberts-Smith’s arrival at Silverwater (Article 17).
- The article notes that Roberts-Smith’s arrest was described as 'the most significant war crimes prosecution in Australian history' (Article 28).
Contradictions
Conflicting information between sources:
- The Guardian (Article 2) criticizes the AFP’s handling of the arrest as 'beneath the AFP' and a 'media circus,' while other sources like ABC (Article 3) and THEAGE (Article 9) describe it as a professional and civil process without such strong criticism.
- The Guardian (Article 2) states that the AFP wanted the arrest to be 'as public and dramatic as possible,' but ABC (Article 3) and THEAGE (Article 9) do not mention this intention and focus on the professionalism of the arrest.
- The Guardian (Article 6) describes the arrest as a 'grotesque intervention' and 'national disgrace,' while ABC (Article 3) and THEAGE (Article 9) do not use such strong language and focus on the legal process.
- The Guardian (Article 2) mentions that Nine Network had a 'tip-off' about the arrest, but ABC (Article 3) and THEAGE (Article 9) do not mention this and focus on the AFP’s actions.
- The Guardian (Article 2) states that the AFP’s actions were 'beneath the AFP,' but ABC (Article 3) and THEAGE (Article 9) do not include this opinion and focus on the legal and procedural aspects of the arrest.
Source Articles
Inside Ben Roberts-Smith’s harsh Sydney prison
The former soldier has been designated a high-profile protection inmate, but still faces a very different existence behind bars....
Ben Roberts-Smith's fight to clear his name just got more perilous
During his years-long battle to clear his name, a separate joint investigation stretching 9,000 kilometres was discreetly transpiring....
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....
‘Pipe dream’: Ben Roberts-Smith makes surprise move in court
Former Australian soldier Ben Roberts-Smith has made a surprising move in court after spending the night in custody on remand on war crime charges....
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....
The mother of these fatherless Afghan children wouldn’t usually agree with Ben Roberts-Smith’s backers – but she does on this point
People who have backed the accused killer believe he is a victim of great injustice. The families of his alleged victims might have something to say about that....
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...
Breaking: Ben Roberts-Smith to remain in custody on war crimes charges
War veteran Ben Roberts-Smith will remain in custody after his lawyers made no application for bail in his first court appearance since his arrest....
We’ve seen grotesque interventions in the Ben Roberts-Smith case – even before it really gets under way | Andrew Wilkie
The rule of law matters, which is one of the honourable things setting us apart from many of those we wage war against Full Story podcast: The arrest of Australia’s most decorated war hero Ben Roberts...
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....
‘Would not f*** with him’: NSW corrections insiders reveal what Ben Roberts-Smith’s time on remand might look like
Australia’s most decorated living soldier’s time in custody could see a NSW prison undertake never-before-seen measures, insiders reveal....
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...
How the surprise arrest of Ben Roberts-Smith unfolded
Dressed in holiday attire and flanked by his family, the former war hero had no idea that police were waiting for him on the airport tarmac....
How the surprise arrest of Ben Roberts-Smith unfolded
Dressed in holiday attire and flanked by his family, the former war hero had no idea that police were waiting for him on the airport tarmac....
10k+ sign Ben Roberts-Smith petition in 24 hours
A growing campaign has powerful backers, but the nation remains bitterly split over what happens next....
Some Ben Roberts-Smith allegations were heard in his defamation trial. How would a criminal case be different?
Media outlets defended their reporting as true on the balance of probabilities, but prosecutors in criminal cases need to meet a higher burden of proof Get our breaking news email , free app or daily ...
Inside Ben Roberts-Smith’s harsh Sydney prison
The former soldier has been designated a high-profile protection inmate, but still faces a very different existence behind bars....
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....
Many narcissists have tried to twist the legal system. One thing sets this man apart
Anzacs fought for the rule of law – that’s what makes the prosecution of Ben Roberts-Smith so important....
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...
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...
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...
Ben Roberts-Smith to remain in jail following bail hearing over war crimes charges
Former SAS soldier and Victoria Cross-recipient, who has always denied wrongdoing, did not immediately apply for bail on Wednesday Follow our Australia news live blog for latest updates Get our breaki...
Ben Roberts-Smith is back in court, now as a defendant. His case reminds us that there are laws even amid war
The former soldier’s previous defamation trial presents the rare situation of there being hours of evidence of his alleged crimes already on the public record For almost every day of his marathon defa...
What we know about BRS’ war crime charges
Ben Roberts-Smith is facing allegations he took part in five murders during his deployments in Afghanistan. This is what we know about the charges....
Ben Roberts-Smith to remain in custody while charged with war crimes
Australia's most decorated war veteran, Ben Roberts-Smith will remain in custody after a brief court mention this morning. The Victoria Cross recipient has been charged with five counts of the war cri...
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...
‘Trained to kill’: Big problem with BRS arrest
The AFP wanted Ben Roberts-Smith’s arrest to be as public and dramatic as possible. And it exposes a glaring problem we can’t ignore....
Ben Roberts-Smith to remain in custody after arrest over war crimes charges
The 47-year-old is accused of the murder of unarmed civilians while deployed in Afghanistan between 2009 and 2012....
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....