Sec. 4. Integrity of civilian casualty investigations
295 words·~1 min read·
/bill/116/hr/7174/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A commander in the Armed Forces conducting an administrative investigation, commander directed inquiry, or equivalent investigation on civilian casualties resulting from a United States military operation that was undertaken by one or more units under the command of the commander shall, to the extent practicable, select as an officer to conduct such investigation an officer in the Armed Forces outside of such units or chain of command. The military or civilian personnel of the Armed Forces who conduct an investigation on civilian casualties resulting from a United States military operation shall, to the extent practicable, be operationally separate from members of the Armed Forces who were directly involved in such operation.
Each investigation on civilian casualties resulting from a United States military operation shall, to the extent practicable, include a visit (including the interview of civilian survivors and witnesses after their informed consent) by appropriate members of the United States Armed Forces to each site at which civilian casualties were confirmed or reasonably suspected in connection with such operation. If the Secretary of Defense determines that a visit by members of the United States Armed Forces to a site as otherwise required by paragraph
(1)is not practicable, the Secretary shall— memorialize, in writing, the justification for such determination; make every reasonable effort to obtain such a visit by appropriate military or civilian personnel of a partner or coalition military force, or by personnel of the national government concerned, or a local government, capable of making such a visit in connection with the investigation concerned; and memorialize, in writing— the results of any visit under subparagraph (B); or if no visit could be obtained under that subparagraph, the gaps in evidence in the investigation concerned as a result of the lack of such a visit.