ABSTRACT
In many countries, military courts do not try civilians but retain too much power over members of the military. This chapter explains why countries fail to secure full subordination by presenting in-depth case studies of Indonesia and Fiji. Indonesia's military has well-entrenched political power, stemming from its birth as a revolutionary army that freed the country from colonial rule, and is able to resist full subordination of its military justice system despite the presence of many other factors that would normally predict reform—a major democratic transition, a strong civil society movement, and the creation of a new constitutional court. The result has been a stalemate and stalled reform. After independence, Fiji continued the British military justice system of full subordination, but a gradual growth in military power over time led to it becoming political and ruling directly. Fear of accountability for human rights violations has led to a perpetual cycle whereby the military intervenes repeatedly to ensure its legal protections remain intact. The country remains mired in the jurisdictional contestation category due to an absence of strong factors for reform.
