Taiwan should set up a military court system based on the US version to ensure an independent and impartial military justice body, defense experts said.
President William Lai (賴清德) on Thursday last week said the government would seek to reinstate the military trial system to handle military related criminal cases involving active-duty troops amid increasing Chinese attempts to infiltrate the military.
The aim is to better address cases involving active-duty military officers accused of subversion, espionage, dereliction of duty and insubordination among other crimes, Lai said.
Photo: CNA
Lai’s plan would require legislative approval, as Taiwan abolished the military court system in 2013 following the death of army corporal Hung Chung-chiu (洪仲丘).
While there are still military judges, the law mandates that courts martial can take place only during times of war.
Democratic Progressive Party Legislator Chen Kuan-ting (陳冠廷), a member of the legislature’s Foreign Affairs and National Defense Committee, at the weekend said that the US had in the 1950s established an independent military court system for trials of active-duty troops accused of criminal offenses, regardless of wartime or peace, while Taiwan’s military judges in the past were directed by the nation’s armed forces and seen as lacking independence.
US military courts have broad authority, from minor offenses by enlisted personnel, to serious crimes of disobeying orders and desertion, Chen said.
A military court system should handle breaches of the Criminal Code of the Armed Forces (陸海空軍刑法) articles on treason, leaking state secrets and other national security offenses, he said.
Trials of troops charged with minor offenses, such as drunk driving causing injury or damage, should still be held in civilian courts, Chen said.
US military judges are professional Judge Advocate Generals (JAGs) and have to pass a bar exam, then undergo rigorous training in military jurisprudence, he said.
JAGs wear military uniforms, and have their own independent system of evaluation and promotion, while civilian and military leaders are prohibited from having “unlawful command influence” over JAGs, he added.
In comparison, before the reform in 2013, Taiwan did not have rigid training requirement for military court counsels and judges, mainly taking graduates from law school-related academic programs, so they had insufficient professional training, Chen said.
Taiwan can improve this by implementing the US system, he said.
The US system is governed by the Uniform Code of Military Justice, and separate branches of the armed forces and the US Coast Guard each have their own military courts, of which there are three levels — summary court, special court and general court, said Su Tzu-yun (蘇紫雲), research fellow at the Institute for National Defense and Security Research.
As such, the US military court system has more precision in handling disciplinary infractions to more serious offenses, while it can deal with specific issues and work conditions pertaining to each branch of the armed forces, Su said.
Taiwan should also implement “unlawful command influence” to prevent political and other undue interference, he said.
Under such system, military court judges, legal counsel and prosecutors can proceed with investigations and trial procedures while protecting the rights of the accused and national security, while cases involving serious crimes can be assessed and transferred to civilian courts when required, Su said.
Additional reporting by CNA
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