Military Justice in cases of U.S. Service members alleged to have caused the death, injury or abuse of non-combatants in Iraq or Afghanistan (PDF)
Source: Defense Legal Policy Board, Subcommittee on Military Justice in Combat Zones
On July 30, 2012, the Secretary of Defense (“SecDef”) established this Subcommittee of the Defense Legal Policy Board and directed it to review and assess the application of military justice in combat zones in cases in which Service members were alleged to have committed offenses against civilians. While this report does not pass judgment on the results of particular cases, this review was prompted by various instances of alleged misconduct by U.S. Service members which caused civilian non-combatant casualties in Iraq and Afghanistan. SecDef noted that these situations are rare overall, but are nonetheless “huge flash points” which have the potential to undermine our mission and seriously impact host nation relations if not handled properly. The Subcommittee’s review focused on six specific questions raised by SecDef in his memorandum, a copy of which is provided in Appendix 1 to this report and summarized in Table 1 below.
The Subcommittee’s findings and recommendations are at Section 4.0 of this report. The recommendations are also listed in Appendix III.