Ben Roberts-Smith’s Arrest: National Identity Contended With by Military Accountability

Ben Roberts-Smith was arrested at Sydney airport on Tuesday. (Supplied: Australian Federal Police)

Ben Roberts-Smith was one of Australia's most lionised soldiers. A former Special Air Service (SAS) corporal and a recipient of the Victoria Cross, a Medal for Gallantry and a Commendation for Distinguished Service, Roberts-Smith was the “modern personification of the great Anzac tradition”, as former prime minister John Howards describes. On the 7th of April 2026, Roberts-Smith was arrested by the Australian Federal Police (AFP) and the Office of the Special Investigator (OSI) and charged with five offences of the war crime of murder. It is alleged that Roberts-Smith intentionally caused the deaths of five Afghan nationals who were not taking an active part in the hostilities. His arrest has spurred varying responses from the Australian public and its prominent figures. 

Roberts-Smith’s 2026 arrest follows the 2020 release of the Brereton Report, which found credible evidence of 39 unlawful killings involving 25 Australian soldiers, and a culture of secrecy, cover-ups and “blooding” – a term used to describe commanders ordering junior soldiers to execute Afghan prisoners to achieve their first kill. The arrest also follows a high-profile 2023 civil defamation case in which he sued Nine newspapers for defamation over reports from 2018 that alleged he was involved in the murder of unarmed Afghan civilians during his deployment. Roberts-Smith lost the case. 

Professor Donald Rothwell explains that “[f]or Roberts-Smith to now be charged with war crimes - and not just one, but multiple war crimes - is a very significant cultural and social moment for a country that, for much of its history… has placed a lot of store in the exploits and contributions of the members of its defence forces.” This recalls Australia’s mythologised ‘Anzac spirit’ of courage, mateship and sacrifice, inspired by the Australian and New Zealand troops at the Gallipoli landings in Türkiye during World War One. This attitude has become foundational to Australian national identity, which is now being reckoned with amidst the Roberts-Smith case. 

Following the arrest, some prominent figures in Australian politics have issued their opinions. One Nation party leader Pauline Hanson expressed an unwavering support for Roberts-Smith, saying that she won’t “abandon him like so many other politicians”. Similarly, billionaire mining magnate and donor to multiple right-wing political organisations, Gina Rinehart, criticised Roberts-Smith’s arrest. "I don't understand how it can be justified to spend more than $300 million to try for years to bring SAS veterans, who have served our country, towards criminal proceedings, and most recently the arrest of Ben," she stated. 

In this vein but with less absolution, Former Liberal prime minister Tony Abbott issued a statement of “instinctive sympathy” to the special forces and criticised the timeline of the criminal case against Roberts-Smith. “Of course, there are rules that have to be observed and enforced, even against soldiers in times of war. Still, it’s wrong to judge the actions of men in mortal combat by the standards of ordinary civilian life,” Abbott wrote in a Facebook post. 

Conversely, the Greens Party defence spokesperson, David Shoebridge, stated the arrest was a “moment of accountability and highlights the appalling cost of war on all sides,” and that “No one should be above the law.” 

Further, Rawan Arraf, Executive Director at the Australian Centre for International Justice, explained in a media release,“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.” 

The difference in response across the political spectrum reflects the tension between allegiance to the standards of international law and justice, and attachment to national identity and pride. The arrest could become a watershed moment in Australian military history that signifies the rewriting of informal norms of military accountability. Peter Stanley - former principal historian at the Australian War Memorial (AWM), told the BBC that “For a nation to hold a member of their armed forces to account - someone who has been held up as one of our greatest living heroes – shows a commitment to ethics, decency and the rule of law that is unfortunately very rare among nations”. 

Australia’s national identity is being reckoned with by the allegations against Ben Roberts-Smith. However, it would arguably be a greater betrayal to Australia’s national identity to not hold its government and individuals to account for these alleged war crimes. 

Most importantly, it must be asked, how important is national identity and pride when proper justice for human lives is at stake?