The 47-year-old former war hero had been under investigation for five years.

Victoria Cross recipient arrested over Afghanistan war crime

Former Afghanistan war hero Ben Roberts-Smith has been arrested and is expected to be charged with multiple murders.

The 47-year-old was arrested on Tuesday at Sydney Airport.

Australian Federal Police (AFP) Commissioner Krissy Barrett said Roberts-Smith was expected to be charged with five counts of war crime — murder.

It’s alleged he was involved in the death of Afghan nationals between 2009 and 2012 in “circumstances that constitute war crimes under the Commonwealth criminal code” Barrett said.

“It will be alleged the victims were not taking part in hostilities at the time of their alleged murder in Afghanistan,” she said.

Police will also allege the victims were detained, unarmed and under the control of Australian Defence Force (ADF) members at the time of their deaths.

They were allegedly shot by Roberts-Smith or by subordinate members “in the presence of and acting on the orders of the accused”.

The offence of war crime — murder carries a maximum penalty of life in prison.

Roberts-Smith is expected to face a NSW court later on Tuesday.

The father-of-two was once a celebrated soldier and was awarded Australia’s highest battle honour, the Victoria Cross, for his bravery in the battle of Shah Wali Kot.

He was then accused of the murders of several unarmed Afghanistan detainees during the war.

A 2020 report of the Inspector-General of the Australian Defence Force found credible information of war crimes committed by the ADF in Afghanistan between 2005 and 2016.

That led to the Office of the Special Investigator (OSI) beginning what has now been a five-year investigation into Roberts-Smith.

The former war hero had arrived in Sydney on a flight from Brisbane when he was arrested.

Barrett would not confirm if anyone had been travelling with him at the time.

She said the OSI investigation had been “complex” and meticulous.

The alleged actions of the accused did not reflect the wider ADF community, Barrett said.

“Today’s charges are not reflective of the majority members who serve under our Australian flag with honour, with distinction and with the values of a democratic nation.”

The OSI and AFP began investigating 53 matters involving allegations of war crimes by ADF members in 2021.

Thirty-nine of these matters are no longer under active investigation however authorities are still examining 10 cases.

Anyone with relevant information has been urged to come forward.