Targeting the System, Not Janet Lee

Janet Lee  never imagined that her name would forever be linked with the Apache helicopters, nor did she ever think she would face criminal charges as a result.

Looking into past violations of the Vital Area Regulations, most cases involve "unauthorized entry"—such as using bird-catching nets at airports to catch birds in air force bases, or catching crabs and fish in naval ports. The locations of these violations are mostly in Kaohsiung and Kinmen, which is related to the presence of naval ports and frontline military facilities. Criminal penalties are usually minor, mostly resulting in suspended sentences or fines in lieu of imprisonment.

Prior to the "Apache incident," the most well-known case probably involved Doze Niu. While filming the movie *Paradise in Service*, despite having applied in advance, he took a shortcut and smuggled a Chinese cameraman into the Tsoying naval port. He was sentenced to five months of imprisonment, which could be commuted to a fine, with a two-year suspended sentence and an order to pay NT$600,000 to the national treasury.

The lenient sentences in cases like Doze Niu's might be because the offenses were not severe, or perhaps because the Forts and Strongholds Demarcation Act is inherently a highly vague "blank criminal law." Whether a location counts as a fort or a stronghold is entirely up to the military to decide, leaving judicial review somewhat hollowed out. Consequently, as long as it did not involve stealing military secrets or organized malicious acts, judges would let them off the hook. Alternatively, perhaps judges were practicing the principle of the subsidiarity of criminal law. After all, criminal punishment is a last resort; administrative regulation and policy decisions that provide incentives to guide behavior or prevent issues beforehand are far more effective than retributive punishment afterward. The function of criminal law is limited and its means are passive—Taiwan is not in a state of chaos, and draconian laws are the very source of chaos.

Watch Out for Blank Criminal Laws

Of course, it could also be that the courts simply do not take military zones seriously. After all, the military hardly acts like a military anymore, and the commander-in-chief hardly acts like one. The Nationalist Party and the Communist Party flirt with each other, and high-ranking cross-strait military officials exchange visits and socialize. General Hsia Ying-chou, a two-star general and former president of the National Defense University, even uttered the remark that "the national army and the communist army are both China's army." People have long been utterly confused about who and what the Taiwanese military is supposed to fight for.

Facing the Chinese Communist Party—its greatest hypothetical enemy—the military oscillates between raising its guns and opening its arms. Externally, it has long suffered a mental split, and this division permeates the entire internal structure of the military. There is a common military slang: "Everything is fake; only receiving your discharge papers is real." With the genuine and the false blurred together, policies can change overnight, and disciplinary actions can be arbitrarily heavy or light. The severe punishment of Hung Chung-chiu for carrying a camera phone, contrasted with the lax admission of visitors into the 601st Brigade, says it all.

Therefore, judges probably only take the Forts and Strongholds Demarcation Act—which is entirely determined by the military—with a grain of salt. After all, the scope of punishment may expand or shrink depending on the military's mood. This is the ultimate offense against the principle of legality and the principle of legal clarity. Military discipline, rewards, and punishments have long been a laughingstock; if even the insiders do not take them seriously, why should judges follow suit?

Beware of Witch-Hunting

It is worth noting that, unlike other cases, violations of the Forts and Strongholds Demarcation Act mostly involve "unauthorized entry." Janet Lee  and her group, however, walked straight through the main gates, were treated as "guests of honor," and were invited into the base and onto the Apache—they did not sneak in. The military itself flung open the doors to the "forts and strongholds"; it is completely unreasonable to turn around and prosecute people like this afterward.

That being said, Janet Lee  trying to shift the blame onto others invites a pile-on, and since she was the spark that ignited the issue and dragged numerous friends down with her, she is in no position to argue this way. Of course, the hard-earned tax dollars of the people were treated like toys, and we naturally have the right to be angry. But if we continue to relentlessly blame Janet Lee, it becomes rather strange—are we just acting sour out of envy for her privilege?

The structural problems within the military have always existed. She was simply the one who popped the bubble, while the 601st Brigade and the Ministry of National Defense are the ones who should truly be held accountable. The military's malpractices are long-standing; much like Hung Chung-chiu, Janet Lee  served as a catalyst, though the latter is certainly not as innocent.

Yet if I were her lawyer, when the prosecutor pressed charges, I would at least attempt to argue "mistake as to the permissibility of the elements of an offense" and the lack of "consciousness of illegality." At the time, they were clearly an "enthusiastically welcomed tour group." If there was something wrong with that, it was the military's problem—a systemic problem within the military. Public anger, much like in the Hung Chung-chiu case, is directed at the structural corruption of the military.

The campaign against Janet Lee  is actually about something else—anger over another kind of structural injustice. It is anger over the widening wealth gap and the uneven distribution of resources. It is a reaction against the structural injustice in contemporary Taiwanese society. Consequently, when people living in luxury apartments like "Emperor Palace" (Taipei's Grand Victoria) spoke out for her, the symbolism and imagery were simply too potent. Unless the backlash addresses this structural injustice, anyone defending her will be collectively targeted and besieged.

Yet just like the structural problems of the military, Janet Lee may have made inappropriate remarks or acted as cluelessly as she admitted, but she is not the one who should bear the primary responsibility. Digger deeper into her past, launching mass attacks, and verbally abusing her supporters—if these actions fail to address the core of the system, they go too far and amount to witch-hunting.

Breaking Free from the Infinite Loop

Beyond the momentary catharsis, it is easy to overlook the structural problems that truly demand our attention. If the problem of military corruption can be resolved, the resignation of countless military officers and generals is well worth it. However, the focus cannot simply be on how many officers and commanders step down; the focus must be on using this momentum to solve the underlying problems.

Taiwan faces many structural problems. Witch-hunting offers only temporary relief, and nailing these individuals to the cross merely finds us scapegoats. What we fear most is that once we tear them apart as a sacrifice and our emotions find an outlet, everything will automatically return to the status quo.

Until the next outbreak—an infinite loop.