Ben Roberts-Smith: from Victoria Cross to war crime charges
Australia's most decorated living soldier was arrested at Sydney Airport on 7 April 2026 and charged with five counts of war crime murder. The charges are the culmination of nearly a decade of allegations, a landmark defamation trial, and exhaustive criminal investigations.
Roberts-Smith received the Victoria Cross from the Governor-General in 2011. In 2026 he was remanded in custody at Silverwater Correctional Centre. His trajectory traces one of the most consequential legal sagas in modern Australian history. The case is a test of whether democratic nations will hold their most celebrated soldiers accountable for alleged atrocities committed in their name.
110 sitting days
Defamation trial
726 pages
Judgment length
$30M+
Total litigation cost
5 counts
Criminal charges
Case timeline
Key events: 1978 – 2026
1978
Early life
Born in Perth into a military family
Born 1 November in Perth, Western Australia. His father, Len Roberts-Smith, rose to Major General in the Army Reserve and later served as a Justice of the WA Supreme Court and Judge Advocate General of the ADF. Ben attended Hale School and enlisted in the Australian Regular Army in 1996 at 18.
1999
East Timor
Deploys to East Timor with INTERFET
Serving with the 3rd Battalion, Royal Australian Regiment, Roberts-Smith deploys to East Timor as part of the International Force for East Timor. It is his first overseas operational deployment.
2003
SAS selection
Passes SASR selection. Joins 3 Squadron.
Completes the Special Air Service Regiment selection course and joins 3 Squadron SASR at Campbell Barracks, Perth. He deploys to Iraq in 2005–06, then undertakes at least six rotations to Afghanistan under Operation Slipper between 2006 and 2012.
2006
Medal for Gallantry
Holds a position alone against sixteen insurgents
During operations in the Chora Pass, Uruzgan Province in June, then-Lance Corporal Roberts-Smith holds an exposed sniper position alone for twenty minutes against sixteen advancing insurgents. He is awarded the Medal for Gallantry.
2011
Victoria Cross
Receives Australia's highest military honour
On 11 June 2010 at Tizak, Kandahar Province, Corporal Roberts-Smith deliberately draws enemy fire to protect his patrol, then storms and destroys three machine gun positions at close range. On 23 January 2011, Governor-General Quentin Bryce invests him with the Victoria Cross for Australia at Campbell Barracks.
2013
Post-service
Leaves the ADF after 17 years
Roberts-Smith transitions out of full-time service having completed over 50 high-risk operations. He completes an MBA at the University of Queensland, is appointed to the Prime Minister's Advisory Council for Veterans' Mental Health, and chairs the National Australia Day Council.
2018
Allegations
Investigative reporting alleges war crimes in Afghanistan
Journalists Nick McKenzie and Chris Masters publish investigations in The Sydney Morning Herald, The Age, and The Canberra Times alleging unlawful killings of Afghan prisoners and civilians during Roberts-Smith's deployments. He files defamation proceedings in the Federal Court.
2020
Brereton Report
ADF inquiry finds credible evidence of 39 unlawful killings
The Inspector-General of the ADF delivers the Brereton Report in November, finding credible evidence of 23 incidents involving the unlawful killing of 39 Afghan nationals by Australian special forces between 2009 and 2013. The Office of the Special Investigator is established in June 2021 to conduct criminal investigations.
2023
Defamation judgment
Federal Court dismisses all three defamation claims
On 1 June, Justice Besanko delivers a 726-page judgment dismissing all proceedings. Applying the civil standard of proof, the court finds Nine proved Roberts-Smith was complicit in the murder of four unarmed Afghan men across two deployments in 2009 and 2012. Roberts-Smith resigns from Seven West Media the following day.
2025
Appeals dismissed
Full Federal Court and High Court both refuse appeals
On 16 May, the Full Federal Court unanimously dismisses all 16 grounds of appeal. On 4 September, all seven High Court justices refuse special leave. A $13.27 million costs order follows. The defamation litigation, which cost more than $30 million across both sides, is concluded.
2026
Criminal charges
Arrested and charged with five counts of war crime murder
On 7 April, AFP officers arrest Roberts-Smith at Sydney Airport. He is charged with five counts of war crime murder under the Criminal Code, relating to killings at Kakarak (~April 2009), Darwan (~September 2012), and Syahchow (~October 2012). Each charge carries a maximum penalty of life imprisonment. Next court date: 4 June 2026.
1978
Early life
Born in Perth into a military family
Born 1 November in Perth, Western Australia. His father, Len Roberts-Smith, rose to Major General in the Army Reserve and later served as a Justice of the WA Supreme Court and Judge Advocate General of the ADF. Ben attended Hale School and enlisted in the Australian Regular Army in 1996 at 18.
1999
East Timor
Deploys to East Timor with INTERFET
Serving with the 3rd Battalion, Royal Australian Regiment, Roberts-Smith deploys to East Timor as part of the International Force for East Timor. It is his first overseas operational deployment.
2003
SAS selection
Passes SASR selection. Joins 3 Squadron.
Completes the Special Air Service Regiment selection course and joins 3 Squadron SASR at Campbell Barracks, Perth. He deploys to Iraq in 2005–06, then undertakes at least six rotations to Afghanistan under Operation Slipper between 2006 and 2012.
2006
Medal for Gallantry
Holds a position alone against sixteen insurgents
During operations in the Chora Pass, Uruzgan Province in June, then-Lance Corporal Roberts-Smith holds an exposed sniper position alone for twenty minutes against sixteen advancing insurgents. He is awarded the Medal for Gallantry.
2011
Victoria Cross
Receives Australia's highest military honour
On 11 June 2010 at Tizak, Kandahar Province, Corporal Roberts-Smith deliberately draws enemy fire to protect his patrol, then storms and destroys three machine gun positions at close range. On 23 January 2011, Governor-General Quentin Bryce invests him with the Victoria Cross for Australia at Campbell Barracks.
2013
Post-service
Leaves the ADF after 17 years
Roberts-Smith transitions out of full-time service having completed over 50 high-risk operations. He completes an MBA at the University of Queensland, is appointed to the Prime Minister's Advisory Council for Veterans' Mental Health, and chairs the National Australia Day Council.
2018
Allegations
Investigative reporting alleges war crimes in Afghanistan
Journalists Nick McKenzie and Chris Masters publish investigations in The Sydney Morning Herald, The Age, and The Canberra Times alleging unlawful killings of Afghan prisoners and civilians during Roberts-Smith's deployments. He files defamation proceedings in the Federal Court.
2020
Brereton Report
ADF inquiry finds credible evidence of 39 unlawful killings
The Inspector-General of the ADF delivers the Brereton Report in November, finding credible evidence of 23 incidents involving the unlawful killing of 39 Afghan nationals by Australian special forces between 2009 and 2013. The Office of the Special Investigator is established in June 2021 to conduct criminal investigations.
2023
Defamation judgment
Federal Court dismisses all three defamation claims
On 1 June, Justice Besanko delivers a 726-page judgment dismissing all proceedings. Applying the civil standard of proof, the court finds Nine proved Roberts-Smith was complicit in the murder of four unarmed Afghan men across two deployments in 2009 and 2012. Roberts-Smith resigns from Seven West Media the following day.
2025
Appeals dismissed
Full Federal Court and High Court both refuse appeals
On 16 May, the Full Federal Court unanimously dismisses all 16 grounds of appeal. On 4 September, all seven High Court justices refuse special leave. A $13.27 million costs order follows. The defamation litigation, which cost more than $30 million across both sides, is concluded.
2026
Criminal charges
Arrested and charged with five counts of war crime murder
On 7 April, AFP officers arrest Roberts-Smith at Sydney Airport. He is charged with five counts of war crime murder under the Criminal Code, relating to killings at Kakarak (~April 2009), Darwan (~September 2012), and Syahchow (~October 2012). Each charge carries a maximum penalty of life imprisonment. Next court date: 4 June 2026.
Our position
We stand with Ben Roberts-Smith.
Ben Roberts-Smith is Australia's most decorated living soldier. He served with extraordinary courage across multiple theatres of war and was recognised with the nation's highest military honour. He has pleaded not guilty to all criminal charges. In Australia, every person is presumed innocent until proven guilty beyond reasonable doubt in a court of law. That presumption stands, fully and without qualification, for Ben Roberts-Smith.
Where things stand — April 2026
Criminal prosecution
Roberts-Smith faces five counts of war crime murder, each carrying a maximum penalty of life imprisonment. His next court date is 4 June 2026. Based on the Schulz precedent (the only other person charged), a trial is unlikely before 2027–28.
Victoria Cross
He retains his VC. There is no automatic mechanism to strip it, and the government has been reluctant to act without a criminal conviction. The Australian War Memorial updated its display to note he has "exhausted all legal avenues" to challenge the defamation findings.
Kerry Stokes & ACE
Stokes funded Roberts-Smith's defamation litigation through Australian Capital Equity. ACE and Roberts-Smith together owe Nine $13.27 million in costs. Roberts-Smith reportedly pledged his Victoria Cross as security for the $1.9 million he drew against ACE.
OSI investigation program
The Office of the Special Investigator has cost approximately $318 million over 10 years, employing 54 investigators. Of 53 investigations, 39 concluded without charges and around 10 remain active. Only two individuals have been charged: Roberts-Smith and Oliver Schulz.
Political reaction
Former PMs Howard and Abbott expressed sympathy. Opposition Leader Taylor called for Commonwealth funding of Roberts-Smith's criminal defence. Human Rights Watch and Amnesty International welcomed the charges as critical steps toward accountability.
David McBride
The whistleblower whose leaked information first exposed the alleged war crimes was sentenced in May 2024 to nearly six years' imprisonment. His case has renewed debate about the treatment of those who expose military misconduct.
This article is a factual summary of publicly reported court proceedings, judgments, and media reporting. All allegations in the criminal proceedings are untested in a criminal court. Roberts-Smith pleaded not guilty to all criminal charges. The criminal standard of proof (beyond reasonable doubt) is substantially higher than the civil standard applied in the defamation proceedings. Nothing in this article should be taken as a statement of guilt in the criminal matter.