Labor Allocates $50.4 Million for Afghanistan War Crimes Investigations

Funding will go to the Office of the Special Investigator to review evidence and prepare cases for prosecution.

A street mural by artist Jarrod Grech shows former Australian SAS soldier Ben Roberts-Smith, in Melbourne, Australia on April 17, 2026. William West/AFP via Getty Images

The Labor government has set aside $50.4 million (US$36.5 million) in the 2026–27 budget to support investigations into alleged war crimes involving Australian troops in Afghanistan.

The funding, outlined in the May 12 budget papers (pdf), will go to the Office of the Special Investigator, which is tasked with reviewing evidence and preparing cases for possible prosecution.

The current investigations stem from a long-running inquiry launched in 2016 to examine allegations that Australian Special Forces may have breached the laws of armed conflict in Afghanistan between 2005 and 2016.

The inquiry (pdf) found credible information suggesting unlawful actions. It identified 23 incidents involving 25 Australian Special Forces personnel, including the alleged unlawful killing of 39 people and the mistreatment of two others.

It also raised concerns about a culture within parts of the force where misconduct was accepted and passed down to less experienced soldiers.

The inquiry delivered its findings in November 2020, including 143 recommendations.

Charges Against Ben Roberts- Smith

The new funding comes weeks after Ben Roberts-Smith, Australia’s most decorated living soldier, was arrested and charged with five counts of murder allegedly linked to his deployments in Afghanistan.

He was later granted bail after his father, Len Roberts-Smith, provided a $250,000 surety.

The charges against Roberts-Smith relate to several alleged incidents during his service.

He has been accused of directing the killing of Afghan prisoner Mohammad Essa and of personally killing Ahmadullah, Mohammad Essa’s son, during a 2009 operation in Afghanistan.

Court documents also alleged weapons were placed on bodies to make it appear the victims were enemy combatants.

In a separate incident in 2012, it was alleged that Roberts-Smith kicked a handcuffed man, Ali Jan, off a 10-metre cliff and then ordering that he be shot.

Further allegations say he was involved in the killing of two prisoners in another operation, with efforts made to conceal what had occurred.

Roberts-Smith has consistently denied all allegations of wrongdoing and war crimes against him.

The case is scheduled to return to court in early June.

Political Reactions

Political reactions have been divided, with Prime Minister Anthony Albanese and Opposition Leader Angus Taylor declining to comment on the case, citing it as a legal matter.

However, One Nation Leader Pauline Hanson has publicly supported Roberts-Smith.

“I remain steadfast in my support of Ben Roberts-Smith despite news of his arrest today,” she said.

“Ben, his immediate and broader Defence family, need the Australian people’s support right now and I will not abandon him like so many other politicians.”