7 April 2026
ACIJ welcomes the arrest of former Australian special forces soldier, Ben Roberts-Smith on several charges of war crimes, including the war crime of murder.
This development represents an important step toward truth and accountability and the proper functioning of the rule of law. The charges are reported to arise from serious allegations concerning the commission of war crimes in Afghanistan and follows the long-running defamation proceedings, which concluded in September 2025 after the High Court refused special leave to appeal. As part of the defamation proceedings, in May 2025, the Full Court of the Federal Court upheld the ruling of Justice Besanko, who found in June 2023 that Roberts-Smith was involved in the killing of multiple unarmed Afghan civilians. Those civil proceedings were decided on the balance of probabilities, which is a lower standard of proof used in a criminal trial.
We look forward to more timely dissemination of information to the public as appropriate from the Australian Federal Police and/or the Office of the Special Investigator relating to their remaining investigations.
Rawan Arraf, Executive Director at the Australian Centre for International Justice, said:
“For many years, the allegations against Ben Roberts-Smith have been the subject of intense public scrutiny and protracted civil litigation. The case now falling before the criminal justice system is a significant and long-awaited step for victims and affected communities in seeking meaningful accountability for these serious allegations.
“In the defamation proceedings we were able to hear from Afghan witnesses in Afghanistan. We hope that future proceedings relating to war crimes allegations will consider the meaningful participation of witnesses and victims from Afghanistan.
“We continue to call on the Australian Government to consider other meaningful forms of reparations following consultation with Afghan victims and affected communities in Afghanistan.”
“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. It’s also significant for the Australian public, Australia’s Afghan community, investigative journalists, and the courageous whistleblowers in the ADF and the special forces, as well as David McBride, all of whom have contributed to the process that has led to the investigations and prosecutions to date.”
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For media enquiries contact the Australian Centre for International Justice at: +61 (0)450708870.
