Decorated Australian veteran remains behind bars on Afghan war crime charges

Associated Press (AP) Legal & JudicialNews ReportEN 5 min read 100% complete by By ROD MCGUIRKApril 8, 2026 at 08:23 AM

Part of Story

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

AI Summary

long article 5 min

Ben Roberts-Smith, Australia's most decorated living veteran, remains in custody after appearing in a Sydney court on war crime charges. He is the second Australian veteran of the Afghanistan campaign to be charged with such crimes, which stem from a 2020 report alleging unlawful killings by Australian special forces. Roberts-Smith is accused of involvement in the deaths of five Afghan individuals in Oruzgan province during his service as an SAS corporal in 2009 and 2012. He faces two counts of war crime murder and three counts of aiding or abetting a war crime murder, all carrying a potential life sentence. The charges allege he killed or directed a subordinate to kill at Kakarak village.

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Human Rights

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Key Claims (5)

AI-Extracted

He had been charged Tuesday with five counts of war crime murder, but the charges laid in court Wednesday were two counts of war crime murder and three counts of aiding or abetting.

factual — AP100% confidence

Police allege he either shot his victims or ordered a subordinate to shoot them in Oruzgan province where Australia’s forces were based.

factual — Police100% confidence

The charges follow a military report released in 2020 that found evidence elite Australian Special Air Service and commando regiment troops unlawfully killed 39 Afghan prisoners.

factual — AP100% confidence

Roberts-Smith was awarded both the Victoria Cross and Medal of Gallantry for his service in Afghanistan.

factual — AP100% confidence

Ben Roberts-Smith did not apply for bail when the war crime murder charges against him were listed in a Sydney court Wednesday.

factual — AP100% confidence

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

Key Entities & Roles

Key Player Opposition Context

Queen Elizabeth II 35% Oruzgan province 40% Victoria Cross ×240% Sydney ×250% Special Air Service (SAS) ×250% Australia ×570% Afghanistan ×570% Ben Roberts-Smith ×795%

Keywords

war crime charges 100% ben roberts-smith 90% afghanistan 80% murder 70% australian veteran 70% special air service 60% victoria cross 50% court 50% oruzgan province 40%