The Cabinet is planning to propose a bill amending the Military Court Act to allow civilians to file charges with the military court and to file for appeal while martial law is in place but not during wartime.

Under the 1955 Military Court Act, only a military prosecutor or military personnel can file charges with a military court. Civilians, who are not usually under the jurisdiction of a military court, are not allowed to file a criminal charge with a military court themselves. During wartime or when martial law is in place, only a military prosecutor may file charges and defendants are not allowed to appeal.

The bill, which was approved during a Cabinet meeting on Tuesday (21 January), also proposes to abolish provincial military courts and transfer their jurisdiction to the military circle courts to match the new military circle areas established under a 2015 Ministry of Defence regulation.

According to the summary of the meeting published on the government’s website, these amendments are proposed so that citizens’ right to a fair trial would be protected in line with Article 14 of the International Covenant on Civil and Political Rights.