Ben Roberts-Smith, Australia’s most decorated living soldier, was arrested by the Australian Federal Police (AFP) at Sydney Airport on Tuesday morning. It follows a years-long investigation into alleged war crimes committed during Australia's involvement in the conflict in Afghanistan.
In a press conference held at midday, AFP Commissioner Krissy Barrett confirmed that the 47-year-old former Australian Defence Force (ADF) member is expected to be charged with five counts of “war crime — murder” later today after a joint investigation between the Office of the Special Investigator (OSI) and the AFP.
The charges relate to the deaths of Afghan nationals between 2009 and 2012. It will be alleged that Roberts-Smith was a member of the ADF when he was involved in the murders of prisoners and civilians who were unarmed and under ADF control.
“It will be alleged the man was a member of the ADF when he was involved in the deaths of Afghan nationals … in circumstances that constitute war crimes under the Commonwealth criminal code,” Barrett said.
Under current laws, these charges carry a maximum penalty of life imprisonment.
Barrett stated that the prosecution will allege the victims were non-combatants who were detained and unarmed under ADF control at the time of their deaths. It is further alleged that the accused either personally shot the victims or ordered his subordinates to execute them in his presence.
Ross Barnett, Director of Investigations at the OSI, addressed the media alongside the AFP, describing today’s actions as a “significant step” taken under “challenging circumstances.”
The joint investigation, codenamed “Operation Emerald-Argon”, has been active since 2021, and has faced significant hurdles such as restricted access to crime scenes in Afghanistan and a lack of access to deceased individuals and physical evidence, creating what Barnett described as a “challenging starting point.” While the OSI has already conducted 53 separate investigations—with 39 finalised and 14 still ongoing—Barnett reminded the public that despite the gravity of the charges, the “person charged is entitled to the presumption of innocence until determined otherwise.”
Commissioner Barrett was quick to address the potential impact these charges might have on the reputation of the Australian military.
“The alleged conduct related to these charges is confined to a very small section of our trusted and respected ADF,” she stated. “The majority of the ADF do our country proud and serve with honour, distinction, and the values of a democratic nation.”
Roberts-Smith has continually denied all allegations of wrongdoing, a stance he maintained throughout his high-profile defamation loss against several media outlets last year.
As the matter is now formally before the court, officials remained tight-lipped on specific witness details or further operational considerations. More charges may follow as the remaining 14 OSI investigations reach their conclusions.
The 47-year-old did not apply for bail when his case came before the NSW Local Court on Wednesday morning and the matter was adjourned until 4 June.
Header image: Australian Federal Police (AFP) Commissioner Krissy Barrett (left), and OSI Director Investigations Ross Barnett speak to media during a press conference following the arrest of former SAS soldier Ben Roberts-Smith as part of joint investigations into alleged war crimes at AFP Eastern Command in Sydney, Tuesday, April 7, 2026. Former SAS soldier Ben Roberts-Smith has been arrested after an investigation into alleged war crimes and is expected to be charged with multiple counts of murder. (AAP Image/Bianca De Marchi).
