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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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