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
After nine days of holidays for the Lunar New Year, government agencies and companies are to reopen for operations today, including the Legislative Yuan. Many civic groups are expected to submit their recall petitions this week, aimed at removing many Chinese Nationalist Party (KMT) lawmakers from their seats. Since December last year, the KMT and Taiwan People’s Party (TPP) passed three controversial bills to paralyze the Constitutional Court, alter budgetary allocations and make recalling elected officials more difficult by raising the threshold. The amendments aroused public concern and discontent, sparking calls to recall KMT legislators. After KMT and TPP legislators again
Taiwan faces complex challenges like other Asia-Pacific nations, including demographic decline, income inequality and climate change. In fact, its challenges might be even more pressing. The nation struggles with rising income inequality, declining birthrates and soaring housing costs while simultaneously navigating intensifying global competition among major powers. To remain competitive in the global talent market, Taiwan has been working to create a more welcoming environment and legal framework for foreign professionals. One of the most significant steps in this direction was the enactment of the Act for the Recruitment and Employment of Foreign Professionals (外國專業人才延攬及僱用法) in 2018. Subsequent amendments in
US President Donald Trump on Saturday signed orders to impose tariffs on Canada, Mexico and China effective from today. Trump decided to slap 25 percent tariffs on goods from Mexico and Canada as well as 10 percent on those coming from China, but would only impose a 10 percent tariff on Canadian energy products, including oil and electricity. Canada and Mexico on Sunday quickly responded with retaliatory tariffs against the US, while countermeasures from China are expected soon. Nevertheless, Trump announced yesterday to delay tariffs on Mexico and Canada for a month and said he would hold further talks with
Taiwan’s undersea cables connecting it to the world were allegedly severed several times by a Chinese ship registered under a flag of convenience. As the vessel sailed, it used several different automatic identification systems (AIS) to create fake routes. That type of “shadow fleet” and “gray zone” tactics could create a security crisis in Taiwan and warrants response measures. The concept of a shadow fleet originates from the research of Elisabeth Braw, senior fellow at the Washington-based Atlantic Council. The phenomenon was initiated by authoritarian countries such as Iran, North Korea and Russia, which have been hit by international economic
RSS