Sec. 3. Integrity of civilian harm investigations
461 words·~2 min read·
/bill/117/hr/7625/ih/section-3·A 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 of harms to civilians 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; or if selecting an officer outside of such units or chain of command is not practicable, include an explanation in the investigative report and submit to the Center of Excellence described in section 7 a report describing the reasons such a selection was not practicable.
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 of harm to civilians resulting from a United States military operation shall, to the extent practicable, include— interviews, remotely if necessary, of civilian survivors and witnesses (after obtaining their informed consent), including first responders and local medical authorities, and witnesses that may have moved to other locations; and a visit 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 an interview described in subparagraph
(A)of paragraph
(1)or a visit described in subparagraph
(B)of that paragraph is not practicable, the Secretary shall— memorialize, in writing, the justification for such determination; make every reasonable effort to obtain, as the case may be— such an interview, remotely if necessary; or 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 interview or visit under subparagraph (B); or if no interview or visit could be obtained under that subparagraph, the gaps in evidence in the investigation concerned as a result of the lack of such an interview or visit, as the case may be. Each investigation of harm to civilians resulting from a United States military operation shall— to the extent practicable, obtain and incorporate open-source information and civil society documentation regarding the possible incident of harm to civilians; consider all sources of relevant and credible reporting, including information from public reports and nongovernmental sources; and include a reporting mechanism for the receipt and processing of information received under paragraphs
(1)and
(2)that is relevant to the investigation, including online portals.