Ben Roberts-Smith is back in court, now as a defendant. His case reminds us that there are laws even amid war

The Guardian - World News Legal & JudicialNews ReportEN 4 min read 100% complete by Ben DohertyApril 7, 2026 at 05:00 PM

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Ben Roberts-Smith entitled to presumption of innocence but ‘none of us are above the law’, Andrew Hastie says

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Ben Roberts-Smith, a former Australian soldier and Victoria Cross recipient, is now facing criminal charges of war crimes, specifically five counts of murder, in an Australian court. This follows his unsuccessful defamation case where he sued over allegations of being a war criminal. Roberts-Smith is accused of murdering unarmed civilians in Afghanistan, and each charge carries a potential life sentence. He was arrested at Sydney airport and has consistently denied all allegations. While the previous defamation trial brought forth extensive evidence and witness testimonies, it is legally separate from the current criminal proceedings. The case highlights the application of laws even during wartime.

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Framing Angle

Legal & Judicial

Primary framing

Human Interest

Secondary framing

Mixed Tone

Sensationalism

Factual

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OpinionFactual

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Limited sources

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Key Claims (5)

AI-Extracted

The first two charges relate to a 2009 raid on a compound codenamed Whiskey 108.

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The standard of proof required for a criminal conviction is beyond reasonable doubt.

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Roberts-Smith is alleged to have murdered unarmed civilians while serving in Afghanistan.

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Roberts-Smith faces five counts of war crime - murder, each carrying a potential life sentence.

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Ben Roberts-Smith will appear as the defendant in a criminal court on Wednesday.

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Claims are automatically extracted and should be independently verified. Attribution indicates the stated source of the claim.

Key Entities & Roles

Key Player Opposition Context

Australian Federal Police 30% Afghanistan 40% Sydney ×250% Federal Court of Australia ×260% Australia ×270% Ben Roberts-Smith ×10100%

Keywords

ben roberts-smith 100% war crime 90% defamation trial 80% murder 70% criminal court 60% presumption of innocence 50% afghanistan 50% australian federal police 40%