Medal-winning veteran facing Afghan war crime charges released from prison
April 17, 2026
Australia's most decorated living veteran has been released on bail after being charged with war crimes linked to the Afghanistan war more than a decade ago.
Ben Roberts-Smith, one of Australia's most decorated soldiers, was released from a Sydney prison on bail on April 17, 2026, ten days after being arrested and charged with multiple war crimes. The former Special Air Service Regiment (SASR) corporal faces five counts of murder relating to his time serving in Afghanistan. The charges allege that Roberts-Smith was involved in the unlawful killing of five Afghan nationals in Uruzgan province between 2009 and 2012. Australian law defines the war crime of murder as the intentional killing of a person not actively participating in hostilities.
Once celebrated as a national hero and recipient of the prestigious Victoria Cross for Australia, Roberts-Smith's reputation has been overshadowed by years of allegations. The current criminal charges follow a lengthy and high-profile civil defamation case he initiated in 2018 against three Australian newspapers. The newspapers had published articles accusing him of committing war crimes. In June 2023, a federal court judge dismissed Roberts-Smith's defamation suit, finding that the newspapers had substantially proven the truth of many of their claims, including that he was responsible for the murder of four unarmed Afghans. Roberts-Smith unsuccessfully appealed this civil judgment.
The criminal charges against Roberts-Smith represent a significant development in a long-running inquiry into the conduct of Australian special forces in Afghanistan. A landmark 2020 military report, known as the Brereton Report, found credible evidence of unlawful killings by elite soldiers. Roberts-Smith is the second Australian veteran from the Afghanistan campaign to be criminally charged with a war crime. Prosecutors in the current case opposed bail, citing a risk that he might flee or interfere with witnesses, but the judge granted his release under strict conditions, noting the significant delays expected before a trial could commence.
The release on bail was granted with stringent conditions, including a $250,000 surety, regular reporting to a police station, and restricted travel. A judge determined that the exceptional circumstances of the case, including the need for Roberts-Smith to access classified information to prepare his defense, justified his release from custody. The case is expected to take years to proceed to a jury trial, where prosecutors will need to prove the allegations beyond a reasonable doubt, a higher standard than in the civil defamation case.
The case against Roberts-Smith has captivated Australia, raising difficult questions about accountability and the conduct of its most elite soldiers during the prolonged conflict in Afghanistan. While he has consistently denied any wrongdoing, the progression from decorated soldier to a defendant in a war crimes case marks a somber chapter in the nation's military history. The forthcoming legal proceedings will be closely watched both domestically and internationally as a test of Australia's commitment to investigating and prosecuting alleged war crimes.
Source: skynews