Facts
Ben Roberts-Smith is suspected of war crimes relating to the killing of unarmed civilians between 2009 and 2012 while on deployment in Afghanistan with the Australian Defence Force.
Procedure
In 2016, the inspector-general of the Australian Defense Force started an inquiry regarding alleged war crimes by Australian forces in Afghanistan.
In November 2020, the inspector-general released his report (known as the Brereton Report), which found credible information that members of the Australian Special Forces had committed war crimes during their operations in Afghanistan between 2005 and 2016. In particular, it recommended that 19 current or ex-special forces soldiers should be investigated by police over killings of prisoners or civilians from 2009 to 2013.
These accusations led to the establishment in 2021 of the Office of the Special Investigator, responsible for reviewing the potential criminal matters raised in the Brereton Report and investigating together with the Australian Federal Police any breaches of the laws of armed conflict by members of the Australian Defence Force in Afghanistan from 2005 to 2016.
The allegations against Roberts-Smith were the subject of a defamation case unsuccessfully brought by Roberts-Smith against media outlets who reported in 2018 on his alleged involvement in the murder of unarmed civilians while serving in Afghanistan. In 2023, a Federal Court judge found that the media outlets had proven the truth of their claims. This decision was confirmed on appeal in May 2025.
On 7 April 2026, Ben Roberts-Smith was arrested and charged with five counts of the war crime of murder. He has, then, been granted bail under strict conditions.