Ministries Oppose Riigikogu Members' Special Military Court Bill

Estonian government ministries have voiced opposition to a bill proposed by a group of lawmakers, including retired generals, that would create special national defense courts (military courts) to operate only during a state of emergency or war.

Minister of Justice and Digital Affairs Liisa Pakosta stated that the necessary amendments are already being implemented through the broader court reform adopted before the summer recess. The reform mandates that the court system must include judges specializing in national defense matters, and these judges will receive additional training to handle proceedings during wartime. Pakosta sees no need for separate courts even in conflict situations, noting that the existing system can already process urgent cases quickly, such as appointing guardians for orphans. She argued that faster proceedings should be achieved through wider reform rather than establishing a new court.

The Ministry of Defense also criticized the proposal, arguing that transferring judges from existing courts to a new military court would merely shift the workload rather than reduce it. The ministry stated that the overall workload of the judicial system would not decrease.

Supporters of the bill, including retired General Meelis Kiili, one of its authors, argue that a separate court is necessary for wartime expertise and expedited proceedings. The explanatory memorandum of the bill states that the composition of national defense courts would combine the legal expertise of professional judges with the military experience of officer judges: for each professional judge, two officer judges would serve as lay judges. The court would be established as a special court under Article 148 of the Constitution, with jurisdiction over criminal, civil, and administrative matters related to national defense, as well as other cases assigned by the Riigikogu. It would be a court of first instance, with appeals going directly to the Supreme Court.

Former Supreme Court Chief Justice Rait Maruste, who participated in drafting the bill, noted that military courts would have jurisdiction over military offenses such as insubordination, desertion, revealing military secrets, or destroying military equipment, as well as international crimes like looting during war. He emphasized that modern civilian criminal procedure cannot be applied in a state of war.

Tallinn Administrative Court judge Daimar Liiv added that military courts help maintain discipline in the armed forces and could also handle civil matters, such as financial disputes involving wounded, missing, or deceased soldiers. He noted that such courts are common worldwide and that the Riigikogu would ultimately determine their scope.