When a Chinese Nationalist Party (KMT) legislator asked Chief of the General Staff Admiral Mei Chia-shu (梅家樹) what would be done if members of the armed forces flinched, fled or flouted commands during wartime, Mei said that facing desperate situations on a battlefield is bound to lead to such scenarios, so they are simulated in military drills, allowing the armed forces to practice how to respond.
To get the armed forces prepared for battle, psychological and legal issues must be addressed.
The Ministry of National Defense has been giving soldiers simulated training to strengthen their resilience to stress. With intensive training, they are expected to exude confidence and enhance their survival skills.
As the saying goes, “what kills you during the battle is not only the enemy, but also yourself.”
Through simulations, members of the armed forces of all ranks can be trained and psychologically prepared to respond to any battlefield situation.
In terms of the law, court martials have been suspended for 10 years since the death of former army corporal Hung Chung-chiu (洪仲丘).
Moreover, it has been 12 years since the Examination for Military Judges was last held.
The ministry has since 2012 held the Examination of Defense Legal Officers and the 39th Han Kuang military exercises were conducted in July last year.
Furthermore, reservists participated in simulated provisional court cases to give them practical experience.
However, Lieutenant General Shen Shih-wei (沈世偉), director of the ministry’s Judicial Department, said in a symposium on military tribunals at National Taiwan University in March that he doubted a military aircraft pilot who has only had experience on simulators could accomplish a wartime mission.
Minister of National Defense Wellington Koo (顧立雄) said that new military judges would need opportunities to accumulate experience, but the bottom line is that court martials are no longer part of the judicial system in Taiwan.
To resolve the problem, judges provided by the Judicial Yuan are likely to be trained for wartime roles. The ministry has not yet set the plan in motion and it is unrealistic to ask judges to be trained for a military role, as an avalanche of fraud cases have crippled the judicial system.
The establishment and application of a country’s military strength hinges on the government’s national security strategy and war preparedness. The power of the military is determined by balance in war preparedness, capable soldiers and a sound court martial system.
Only when there is a military court system in place that operates properly during peacetime can military strength be maintained during wartime. If members of the armed forces desert, disobey orders or do anything that infringes on military discipline, the survival of the nation is jeopardized. This cannot be tolerated or the military’s morale and cohesion would be undermined and it would not be able to stand and fight.
If that is the case, what is the point of having a military at all?
At this critical time, with the Chinese People’s Liberation Army imposing military pressure in the Taiwan Strait, military personnel who are well-versed in the culture and military affairs surely know how to make proper arrangements regarding investigating, detaining and sentencing military offenders.
Maintenance of military discipline must be emphasized to cater to the needs of individual regiments.
The restoration of the court martial system must be considered, especially the restoration of military prosecutors.
Chao Hsuey-wen is an assistant professor and holds a doctorate in law from Fu Jen Catholic University.
Translated by Chen Chi-huang
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