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27 Transnat'l L. & Contemp. Probs. 223 (2017-2018)
Confronting Allegations of Sexual Violence in Afghanistan

handle is hein.journals/tlcp27 and id is 247 raw text is: Confronting Allegations of Sexual Violence in Afghanistan Lieutenant Colonel Brian P. Adams* Abstract: In September 2015, the New York Times published articles alleging U.S. forces stood idly by as Afghan Police and Militia members sexually assaulted little boys and girls. According to the articles, there was a U.S. policy of non- intervention in Afghanistan. If these allegations prove true, they present several potential issues. They raise Leahy amendment concerns, including whether U.S. forces followed established reporting requirements, whether Afghans who engaged in these sexual acts committed war crimes, and whether there are potential interoperability concerns with our European allies because of their human rights obligations. To confront instances of sexual assault in the future, U.S. forces should follow established reporting requirements with a new directive to report human rights violations, promulgate Rules of Engagement (ROE) allowing forces to intervene accompanied with appropriate ROE training, and the United States must engage with the offending country to stop the criminal behavior. I. IN TR ODU CTION ............................................................................................ 223 II. APPLICABLE LAWS AND REGULATIONS ........................................................ 226 III. INTEROPERABILITY CONCERNS ................................................................... 235 IV . OPERATIONAL CONCERNS ........................................................................... 240 V. ADDRESSING THE ISSUE OF CHILD SEXUAL ABUSE FOR U.S. FORCES AND THE INTEROPERABILITY CHALLENGE .................................................. 242 V I. C ON CLU SION ............................................................................................... 246 I. ' INTRODUCTION On September 20, 2015, the New York Times reported that U.S. service members in Afghanistan had been told to look the other way when they * Judge Advocate, U.S. Army. Presently assigned as Chief of Domestic Operations, International and Operational Law Division, Office of the Judge Advocate General. Previous assignments include Fellow, International Institute of Humanitarian Law; Legal Advisor and Instructor, U.S. Army Command and General Staff College; Brigade Judge Advocate, Third Brigade Infantry Combat Team, First Infantry Division; Administrative Law Attorney, Office of the Judge Advocate General; Chief of Military Justice, U.S. Military Academy. Any opinions expressed, or proposals offered in this article are solely those of the author and do not represent those of the U.S. Department of Defense, U.S. Army, the Judge Advocate General's Corps, or any other governmental organization. I would like to acknowledge and thank the following individuals for their generous assistance and counsel they provided me in writing this article: Professor Francois Hampson, University of Essex; Professor Charles Garraway, University of Essex; Professor Eric Jensen, Brigham Young University; Lieutenant Colonel Todd Lindquist, U.S. Army; Lieutenant Commander Kelly Armstrong, U.S. Navy; and Ms. Eleonora Branca, University of Verona.

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