Criminal Justice & the Rule of Law Executive Branch

UCMJ Prosecutions for Crimes Against Civilians in Combat Zones: DOD Advisory Group to Examine

Robert Chesney
Wednesday, August 8, 2012, 6:33 PM
Secretary of Defense Panetta has directed the Defense Legal Policy Board to form a subcommittee to examine "military justice in cases of U.S.

Published by The Lawfare Institute
in Cooperation With
Brookings

Secretary of Defense Panetta has directed the Defense Legal Policy Board to form a subcommittee to examine "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," dating back to October 2001, in recognition that "for offenses that take place in a country in which we operate alongside the civilian population, it is critical that our system of military justice be efficient, fair, dependable, and credible." Note that the review is not to focus on allegaions of detainee abuse, friendly fire incidents, or collateral damage issues.  Think instead of situations like Haditha. The order directs the new subcommittee to be co-chaired by Judith Miller (former DOD GC) and Walter Huffman (formerly TJAG-Army), and to include among others retired Army General Pete Chiarelli and Marine Lt. Gen. John Sattler.

Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.

Subscribe to Lawfare