Sec. 1205. Institutional legal capacity building initiative for foreign defense forces
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The Secretary of Defense may carry out, consistent with section 332 of title 10, United States Code, an initiative of institutional legal capacity building in collaboration with the appropriate institutions of one or more foreign countries to enhance the capacity of the applicable foreign country to organize, administer, manage, maintain, sustain, or oversee the military legal institutions of such country. The purpose of the initiative under subsection
(a)is to enhance, as appropriate, the institutional legal capacity of the applicable foreign country to do the following: Integrate legal matters into the authority, doctrine, and policies of the defense ministry of such country. Provide appropriate legal support to commanders conducting military operations. With respect to military law, institutionalize education, training, and professional development for military personnel, including military lawyers, officers, and civilian leadership within such defense ministry. Establish a military justice system that is objective, transparent, and impartial. Build the legal capacity of military forces to provide equitable, transparent, and accountable institutions and provide for anti-corruption measures within such defense ministry. Build capacity— to provide for the protection of civilians consistent with the law of armed conflict; and to investigate incidents of civilian casualties. Promote understanding and observance of— the law of armed conflict; human rights and fundamental freedoms; the rule of law; and civilian control of the military. The initiative under subsection
(a)shall include the following elements: An assessment of the organizational weaknesses for institutional legal capacity building of the applicable foreign country, including baseline information, an assessment of gaps in the capability and capacity of the appropriate institutions of such country, and any other indicator of efficacy for purposes of monitoring and evaluation, as determined by the Secretary. A multi-year engagement plan for building institutional capacity that addresses the weaknesses identified under paragraph (1), including objectives, milestones, and a timeline. The assignment of advisors, as appropriate, to the ministry of defense or other institutions of such country to assist in building core legal institutional capacity, competencies, and capabilities. A measure for monitoring the implementation of the initiative and evaluating the efficiency and effectiveness of the initiative, consistent with section 383 of title 10, United States Code. Not later than 30 days after the end of each fiscal year beginning in fiscal year 2020 through the fiscal year in which the initiative under subsection
(a)terminates, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the progress of the legal capacity building activities under this section. Each report under paragraph
(1)shall include, for the preceding fiscal year, the following: The names of the one or more countries in which the initiative was conducted. For each such country— the purpose of the initiative; the objectives, milestones, and timeline of the initiative; the number and type of advisors assigned and deployed to the country, as applicable; an assessment of the progress of the implementation of the initiative; and an evaluation of the efficiency and effectiveness of the initiative. The initiative under subsection
(a)shall terminate on the date that is five years after the date of the enactment of this Act.