Turkish military criminal judgment in the scope of specialization in thetrial

This study examines the historical, sociological, and philosophical origins of specialization in the judiciary, and discusses whether the military justice branch and military courts are necessary within the judiciary organization, why military courts have been needed from the past to the present, and whether military courts constitute violations within the scope of universal legal principles. While examining the historical background of states, the establishment of the military and the establishment of military courts coincide. Since states prioritize border security, they have felt the need to take additional measures to maintain order within the military. In this context, supplementary legislative provisions applicable within the military have been established, and military courts have been established to enforce these legislative provisions. As periods of intense warfare have passed, the need for military courts has diminished over time, leading to ongoing debates about their necessity. It is claimed that the existence of military courts is not compatible with universal legal principles. There are criticisms, particularly that the military justice branch impedes unity within the judiciary, that the appointments of judges of military origin serving in military courts are made by the executive branch, and that the affiliation of judges of military origin with the military during their tenure violates the principle of judicial impartiality. However, due to the closed nature and unique characteristics of the military organization, individuals entirely unfamiliar with the military would not be able to resolve disputes within the military effectively, hence it is concluded that military courts and judges of military origin are necessary. Therefore, it is deemed necessary that military courts be regulated within the scope of contemporary universal legal principles, that the selection of members of military courts be conducted without the influence of the executive branch, and that measures be taken during their tenure to ensure the independence of judges, akin to those in judiciary courts.