Independent lawyers now in charge of prosecuting major US military crimes

The Defense Department on Thursday officially rolled out a new policy for specialized and independent military lawyers to prosecute major crimes — including murder and sexual assault cases — across the armed services, shifting away from unit commanders who previously oversaw those efforts.

Four new special trial counsel offices staffed with independent lawyers have opened in the Navy, Army, Air Force and Marine Corps.

Those offices, which report directly to the secretaries of each military department, are assuming the responsibility for prosecuting crimes that previously fell under the purview of military commanders. Keeping cases within the chain of command attracted criticism from military justice advocates and lawmakers.

The 13 crimes the new special counsel offices will prosecute include murder, domestic violence, manslaughter, kidnapping, stalking and child pornography.

They will also cover most cases of sexual assault or sexual misconduct, but their handling of sexual harassment will not take effect until 2025. Sexual assault cases will only be investigated if filed under an unrestricted report, while those filing restricted, or confidential reports, will not be formally investigated but can still connect to any resources for assistance.

Defense Secretary Lloyd Austin called the new reforms a “landmark change to the U.S. military justice system” that “will significantly strengthen the independent prosecution of sexual assault and other serious criminal offenses.”

“It is the most important reform to our military justice system since the creation of the Uniform Code of Military Justice in 1950,” Austin said in a statement. “This reform aims to help strengthen accountability and increase all of our service members’ trust in the fairness and integrity of the military justice system.”

Congress passed a requirement in 2022 for the Pentagon to establish independent prosecutions in the annual defense bill. The concerns from lawmakers and advocates primarily were over sexual assaults in the military and the ability for a commander to decide whether to pursue a case.

Sexual assaults remain a persistent problem across the military. The Pentagon reported a slight rise in sexual assault complaints earlier this year.

A senior defense official said the new reforms rolled out Thursday are “just one line of effort that we are undertaking” to combat the problem.

“We are also taking major steps in the areas of prevention, climate and culture, and victim care and support,” the official said in a briefing with reporters last week. “These reforms are one piece — a major piece — but one piece in a broader effort that also includes preventing these crimes and ensuring we provide exceptional care and support to victims.”

The Pentagon is also establishing a prevention workforce to work on issues like sexual assault, with more than 2,000 employees expected to be deployed at every U.S. military base across the world.

Because the U.S. military is spread across the globe, there will be special counsel offices representing different sections of the world where troops are stationed.

The Navy’s main special counsel office is divided into two main locations, in Norfolk, Va., and San Diego, with 47 independent lawyers representing the military branch.

The Marine Corps main office is in Arlington, Va., at Joint Base Myer–Henderson Hall, with 33 lawyers, while the Air Force is spread across six different global locations with 40 lawyers, including in Japan and Germany.

The Army has 65 lawyers, and its main headquarters is in Virginia’s Fort Belvoir.

A senior Army official, in describing the new reforms, said the “goal is to seek justice in every case.”

“A key feature of how we will do business is our victim engagement plan which will give every victim the opportunity to have face to face interaction with our prosecutors and provide their input in every important stage of the case,” the official said.

“In addition to promoting justice, we believe the use of our independent authority will ultimately help to restore trust in the military justice system. That includes the trust of victims, as well as those accused of crimes.”