Ben Roberts-Smith, Australia's most decorated living soldier and recipient of the Victoria Cross, was arrested at Sydney Airport on Tuesday morning after arriving on a flight from Brisbane. The 47-year-old former Special Air Service Regiment trooper faces five counts of war crime-murder under Australia's Criminal Code, each carrying a maximum penalty of life imprisonment.

Australian Federal Police officers took Roberts-Smith into custody at the domestic terminal, handcuffing him on the air bridge before transporting him to Silverwater Correctional Complex. He was formally charged Tuesday afternoon but refused bail and will appear in Bail Court on Wednesday. The charges relate to the alleged murders of five unarmed Afghan civilians between 2009 and 2012 during Roberts-Smith's deployments in Uruzgan Province.

AFP Commissioner Krissy Barrett said the victims "were not taking part in hostilities at the time of their alleged murder in Afghanistan" and "were detained, unarmed and were under the control of ADF members when they were killed." Two counts stem from an April 2009 raid at Whiskey 108 in Kakarak, where prosecutors allege Roberts-Smith machine-gunned a man with a prosthetic leg and aided the execution of an elderly detainee. The remaining charges involve incidents in Darwan in September 2012, where he allegedly kicked prisoner Ali Jan off a cliff before ordering his shooting, and two deaths in Syahchow in October 2012.

These allegations mirror those upheld in a 2023 Federal Court defamation ruling, where Justice Anthony Besanko found on the civil standard that Roberts-Smith murdered four unarmed Afghans, including the Whiskey 108 and Darwan victims. Roberts-Smith lost appeals, including to the High Court in 2025, and incurred millions in legal costs.

The charges follow a five-year joint investigation by the AFP and Office of the Special Investigator, prompted by the 2020 Brereton Report into ADF misconduct in Afghanistan. OSI director Ross Barnett described the probe as conducted "under challenging circumstances," noting the lack of access to crime scenes, forensics, or post-mortems in Taliban-controlled Afghanistan.

Roberts-Smith enlisted in 1996, joined the SASR in 2003, and deployed to Afghanistan six times. He earned the Medal for Gallantry in 2006 and the Victoria Cross in 2011 for heroism at Tizak in 2010, where he neutralized Taliban positions under fire. He retired full-time in 2013.

Reactions were mixed. Prime Minister Anthony Albanese declined comment to avoid prejudicing proceedings. Opposition Leader Angus Taylor stressed respect for special forces, while Senator Pauline Hanson voiced support, saying Roberts-Smith and his "Defence family need the Australian people's support." Both officials emphasized the presumption of innocence.

This marks the second war crimes prosecution of an Australian soldier from Afghanistan operations.