Military Justice

Prior to the order, there was no charge for sexual harassment under military law; instead, it was prosecuted under various sections of the UCMJ.

Two recent moves to “protect” veterans from “lawfare”—the Overseas Operations Act and a command paper on Northern Ireland legacy—illustrate its attempts to strike a balance between impunity and accountability.

The 300-page report assesses the military’s handling of sexual assault and makes more than 80 recommendations to prevent sexual assault and move sexual assault prosecutions outside the chain of command. 

The bill in its current form reshapes military justice far beyond the context of sexual assault. Congress should take care to fashion a solution commensurate with the problem at hand, and not go too far.