The issue of the re-establishment of the military judiciary and military courts is in danger of being forgotten by the public. The fact that it is not being discussed or featured on the agenda should not be taken to mean that this need has disappeared or has become a matter of course. This issue is of the utmost critical importance for the discipline and success of the heroic Turkish Armed Forces (TSK) whilst carrying out their duties under wartime conditions. The re-establishment of the military justice system and military courts must be debated in the public sphere and kept on the agenda.
Military justice requires specialisation. What is important is the establishment of a system capable of fulfilling this function. The judges or prosecutors serving within this system may be in civilian or military uniform. The institutions or mechanisms (civilian or military) to which this system would be answerable are open to discussion. ‘However, provided that they are limited solely to military personnel and military offences, there is an absolute need for specialised first-instance military courts in this regard.’
Taking into account the principle of the unity and oneness of the judiciary, there may be no need for a second-tier military judiciary, that is, a separate High Military Court. In line with the need for specialisation, the function of reviewing military judicial decisions could be carried out by units established within the (civilian) Court of Cassation and the Council of State.
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