Australia arrests ex-soldier Roberts-Smith over alleged Afghan war crimes

Arrest comes after Roberts-Smith lost case against journalists who said he was involved in murders of unarmed Afghan men.

Former Australian special forces soldier Ben Roberts-Smith has been arrested at Sydney airport and is expected to face charges for alleged war crimes committed in Afghanistan, according to the Australian Broadcasting Corporation (ABC).

The 47-year-old was expected to appear in a court in New South Wales later on Tuesday over five counts of the war crime of murder, related to unarmed Afghan nationals who “were not taking part in hostilities at the time of their alleged murder”, Australian Federal Police Commissioner Krissy Barrett told reporters in Sydney on Tuesday, according to the ABC.

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Barrett said the charges followed a “complex” investigation by the AFP news agency and the Office of the Special Investigator (OSI) dating back to 2021.

The arrest comes after Roberts-Smith lost defamation proceedings he brought against journalists who had reported he was “complicit in and responsible for the murder” of three Afghan men.

An Australian judge found in 2023 that those journalists had not defamed Roberts-Smith, a ruling that was upheld by the Full Court of the Federal Court of Australia in May last year.

Rawan Arraf, the executive director of the Australian Centre for International Justice, said the arrest was a “significant and long-awaited step for victims and affected communities” in Afghanistan, where Roberts-Smith was deployed multiple times.

“The proper investigation and prosecution of alleged war crimes by members of the Australian special forces in Afghanistan are essential to ensuring justice for Afghan victims and to Australia meeting its obligations under international law,” Arraf said in a statement.

About 39,000 Australian soldiers were deployed to Afghanistan as part of the United States and NATO-led operations against the Taliban and other armed groups over two decades.

Roberts-Smith’s case has drawn considerable scrutiny in Australia, including because prior to the charges, he had received the Victoria Cross medal for his fifth tour of Afghanistan, and was reportedly the most-decorated living Australian war veteran.

Meanwhile, former Australian army lawyer David McBride remains imprisoned in Australia over his role in revealing information about alleged Australian war crimes in Afghanistan.

Australian Senator David Shoebridge responded to the news of Roberts-Smith’s arrest by saying “Release David McBride” in a short post on X.