US President Joe Biden is set to sign an executive order that will bring about significant changes to the US military’s justice system, particularly in cases of sexual assault. This order will shift decision-making authority from commanders to independent military prosecutors for sexual assault, domestic violence, child abuse, murder, and other serious crimes. The move comes as part of a reform that was enacted by Congress as part of the Fiscal Year 2022 National Defense Authorization Act.
Under the new reform, the US military Service Secretaries will establish an Office of Special Trial Counsel, as well as a Lead Special Trial Counsel that operates independently from the chains of command of both accusers and the accused. The Pentagon is currently in the process of staffing these offices, which are expected to be operational by December.
This overhaul of the military justice system is being hailed as the most significant transformation since the inception of the Uniform Code of Military Justice (UCMJ). The executive order will establish rules governing the Offices of Special Trial Counsel, define interactions between special trial counsel and commanders, modernize procedures to protect victims, and create a uniform evidence standard for non-judicial punishment actions.
According to the administration, these reforms represent a turning point for survivors of gender-based violence within the military. The changes aim to promote dignity, respect, and safety for all servicemembers, creating a more just environment.
These changes have been met with mixed reactions. Supporters believe that shifting decision-making authority away from commanders will result in fairer and more just outcomes, offering greater protection and support for victims. However, critics argue that this reform may undermine the chain of command and hinder commanders’ ability to maintain order and discipline within the ranks.
Nevertheless, the executive order marks a significant milestone in addressing the issue of sexual assault in the military. By giving specialized, independent prosecutors greater authority in cases of serious crimes, the hope is that victims will have increased confidence in the military justice system and receive the justice they deserve. As the Pentagon continues to work towards implementing these changes, it is evident that tackling sexual assault within the military remains a top priority for the Biden administration.
