Arrest of former Australian SAS soldier over alleged war crimes is a critical step toward global justice and accountability efforts
Responding to the arrest of former Australian special forces soldier Ben Roberts-Smith, expected to be charged with five counts of the war crime of murder during deployment in Afghanistan, Amnesty International Australia has welcomed the move as a critical step toward justice and accountability.
The charges relate to the alleged killing of unarmed civilians and detainees following a five-year investigation into the accused’s conduct. Allegations include the killing of a detained Afghan civilian by forcing him from a cliff and directing subordinates to shoot him, and the machine-gunning of a wounded man with a prosthetic leg.
Such acts could constitute grave breaches of international humanitarian law, including violations of the Geneva Conventions, the Rome Statute, and the prohibition on the killing of protected persons under customary international law.
Amnesty International Australia said the arrest marks an important step in activating Australia’s framework for prosecuting international crimes and delivering long-overdue accountability for serious human rights violations.
Zaki Haidari, Amnesty International Australia’s Strategic Campaigner, says:
“The arrest is a necessary and pivotal step forward that symbolises Australia’s respect for global justice and accountability efforts. Australian authorities must now ensure all credible allegations are fully investigated and, where appropriate, prosecuted. Victims and their families deserve justice, and accountability must be the rule, not the exception.
“The Australian Government must also fully implement the Brereton Report, including delivering accountability and ensuring meaningful reparations for victims and survivors.”
Background:
On 7 April 2026, the Australian Federal Police arrested former special forces soldier Ben Roberts-Smith in connection with alleged conduct during his deployment in Afghanistan between 2006 and 2012. The arrest is connected to the findings of the Brereton Inquiry, which uncovered credible evidence of serious violations of international humanitarian law by Australian special forces in Afghanistan between 2005 and 2016.
The Inquiry identified patterns of unlawful killings, including the alleged execution of 39 civilians and detainees, as well as evidence of systemic cover-ups.
The Brereton Report made 143 recommendations, including the referral of 53 incidents involving 19 individuals for criminal investigation. The present arrest reflects the operationalisation of those recommendations and marks a significant step in translating the Inquiry’s findings into concrete action.
In 2021, Amnesty International Australia made a submission to the Senate Standing Committee on Foreign Affairs, Defence and Trade on Australia’s engagement in Afghanistan, addressing alleged human rights violations during and after the conflict.
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