US Secretary of Defense Llyod Austin released a statement on Tuesday announcing that he will support changes to the military justice system that would allow independent military lawyers to handle sexual assault cases, removing the cases from the chain of command. Austin’s statement is in response to a report from the Independent Review Commission (IRC) on sexual assault and sexual harassment.
“The result is a comprehensive assessment across four lines of effort–accountability, prevention, climate and culture, and victim care and support. … It provides us real opportunities to finally end the scourge of sexual assault and sexual harassment in the military,” Austin said.
Austin supports the IRC’s recommendation that sexual assault, sexual misconduct, domestic violence, stalking, retaliation, child sexual assault and the wrongful distribution of photos be removed from the chain of command and given to independent military lawyers. The Uniform Code of Military Justice would need to be amended to accomplish the change.
The Pentagon has long resisted removing cases from commanding officers. Similarly, General Mark Milley, chairman of the Joint Chiefs of Staff, explained that this change “may have an adverse effect on readiness, mission accomplishment, good order and discipline, justice, unit cohesion, trust, and loyalty between commanders and those they lead.”
Austin stated that he will work with Congress to implement the changes. The recommendations will be presented to President Biden. The changes will require additional resources and authorities, so the recommendations that can be implemented under existing authorities will be given priority.