Sec. 1218. Report on civilian casualties in Afghanistan
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/bill/116/hr/6395/pcs/section-1218A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 180 days after the date of enactment of this Act, and annually thereafter subject to subsection (c), the Secretary of Defense and Secretary of State shall submit to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate a report on civilian casualties caused by the Afghan National Defense and Security Forces and Taliban. Such report shall adhere to the existing reporting framework as the Enhancing Security and Stability in Afghanistan semiannual report.
The report shall include the following: A description of the steps the Government of Afghanistan is taking to minimize civilian casualties and other harm to civilians and civilian infrastructure limited to health facilities, schools, and non-governmental organizations. An assessment of civilian casualties and other harm to civilians and civilian infrastructure limited to health facilities, schools, and non-governmental organizations caused by the Taliban. An assessment of the progress of implementation of the Government of Afghanistan’s national civilian casualty and mitigation policy.
An assessment of the Government of Afghanistan’s capacity and mechanisms for assessing and investigating reports of civilian casualties, to include a description of the function and effectiveness of the Afghan Civilian Casualty Mitigation Team and an assessment of the availability of channels for civilians to report civilian harm. An assessment of the capacity of the Afghan National Defense and Security Forces and the Taliban to operate in effective compliance with the laws of armed conflict, to include its principles of proportion and distinction, and any gaps or weaknesses in need of addressing.
An assessment of the Afghan National Defense and Security Forces’ capacity for planning and conducting operations in accordance with the laws of armed conflict and for employing practices designed specifically to limit harm to civilians and civilian infrastructure; any plans in place by the United States Government to enhance the capacity of the ANDSF to minimize harm to civilians in the conduct of its operations; and any anticipated changes in support and oversight by United States forces that may have an effect on said capabilities.
A description of the Government of Afghanistan’s support for non-state localized and regional militias in Afghanistan, including— an assessment of whether the Government of Afghanistan has the necessary oversight mechanisms in place to effectively restrain adverse impacts on stability and hold local militias accountable; and a summary of the efforts by the Government of Afghanistan including the Ministry of Interior to integrate local and regionalized militias into the uniformed Afghan National Defense and Security Forces including efforts to support accountability and address human rights violations and abuses.
Any other matters the Secretary of Defense determines are relevant. The reporting requirement under this section shall terminate on the date that is 3 years after the date of enactment of this Act.