Sexual assault and law of war-worth the read

Something here for the downrange SJA/BJA.

You’ll remember this:

Joseph Goldstein, U.S. Soldiers Told to Ignore Sexual Abuse of Boys by Afghan Allies, N.Y. Times (Sept. 20, 2015),

And perhaps the Soldier trouble for beating up an Afghan.  See Kyle Jahner, ‘One of the Best’: Defenders Show Support for Ousted Green Beret, Army Times (Sept. 30, 2015),

Well here is a new piece about reporting obligations.

Chris Jenks & Jay MorseSexual Assault as a Law of War Violation & U.S. Service Members’ Duty to Report.  69 Stan. L. Rev. Online 1, May 22, 2016.

This Essay considers when U.S. service members deployed to Afghanistan are obligated to report allegations of sexual assault by Afghan security forces (ASF) against Afghan nationals to the U.S. military.[1]The answer requires applying a longstanding Department of Defense (DOD) policy for reporting law of war (LOW) violations and hinges on when sexual assault can be considered such a violation. Although recent attention on this topic has brought much-needed visibility to sexual assault in conflict zones, the overbroad assertions of the media and the military have unfortunately fostered more confusion than clarity. Specifically, the New York Times has incorrectly implied that U.S. service members are always required to report alleged ASF sexual assaults,[2] while the U.S. military has wrongfully counterclaimed that the offenses “would be a matter of domestic Afghan criminal law.”

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