President Biden is poised to give final approval on Friday for a major overhaul of the Uniform Code of Military Justice, marking a significant shift in the military’s legal system. This executive order will strip commanders of their authority over cases involving sexual assault, rape, and murder, ensuring independent prosecutions that are separate from the chain of command.
By affixing his signature to this far-reaching executive order, President Biden will bring about the most substantial changes to the modern military legal system since its inception in 1950. This move comes after years of pressure from lawmakers and advocates for sexual assault victims who have long argued that justice was denied to victims in the military. It culminated in a bipartisan law mandating these changes.
The White House described the reforms implemented through this executive order as a turning point for survivors of gender-based violence in the military and emphasized that they fulfill promises made by President Biden during his campaign. The statement also highlighted the nation’s obligation to prepare, equip, and care for military personnel and their families before, during, and after deployment.
While military commanders had opposed these changes for years, the Pentagon finally embraced them in 2021. Senator Kirsten Gillibrand, a Democrat from New York, spearheaded the law mandating these changes, which President Biden signed into law two days after Christmas in the same year.
The law established a two-year process for the Defense Department to create a group of specialized prosecutors to handle sexual assault cases and other high-profile crimes. These Offices of Special Trial Counsel, staffed by experienced military prosecutors who report to civilian leaders, will be responsible for making decisions on charges. The final step required to change the Uniform Code of Military Justice under the law was a presidential executive order. Lawmakers instructed President Biden to issue it by December 2023, but he plans to do so ahead of schedule on Friday.
Under the new rules set forth by President Biden’s order, commanders will no longer have the authority to determine whether to pursue charges in cases of sexual abuse and other serious crimes. Instead, this decision will fall to specialized lawyers, and their determinations will be final and binding, overriding any objections from military commanders.
Advocates for sexual assault victims in the military have long complained that their cases were not taken seriously and often blocked by commanders. Over time, these complaints grew, particularly among younger individuals, regarding the military’s inadequate response to sexual assault cases.
Initially, high-ranking military officials were among the staunchest opponents of changing the military justice system. However, this resistance gradually faded. Defense Secretary Lloyd J. Austin III, a retired Army general, endorsed the changes in 2021. General Mark A. Milley, the chairman of the Joint Chiefs of Staff, had previously opposed these changes but acknowledged in the same year that younger enlisted troops no longer trusted the military’s command to address sexual assault cases seriously.
The diminishing military resistance paved the way for bipartisan negotiations, resulting in the 2021 law and now, President Biden’s executive order.
One significant catalyst for changing the military justice system was the case of Specialist Vanessa Guillen in 2020. Specialist Guillen was killed after attempting to report instances of sexual harassment by another soldier. Her death, along with similar cases, was frequently cited by lawmakers such as Senator Gillibrand, former Representative Jackie Speier, and Senator Joni Ernst—a retired National Guard lieutenant colonel and survivor of sexual assault, whose personal experience informed her stance on the issue.
According to White House officials, the military branches have already begun the hiring process for the Offices of Special Trial Counsel, which they anticipate to be fully operational by year-end. However, they also acknowledge that it will take years to assess the changes’ impact on the culture surrounding the prosecution of sexual assault and other serious crimes in the military.
Under the executive order, the authority of the special trial counsel offices will expand in 2025 to include cases of sexual harassment.
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