RESERVE FORCE ORGANIZATION AND MILITARY CONSCRIPTION: A COMPARATIVE STUDY OF THAI LAW AND FOREIGN LAWS

Abstract

This thesis aims to conduct a comparative legal study on the allocation of military personnel in the Royal Thai Armed Forces. The study focuses on ensuring that military personnel allocation is sufficient and effective in accordance with the principles of national security. It examines reserve forces, conscripted personnel from compulsory military service, as well as  professional soldiers, all of which affect the national security of Thailand. The study further finds that the Constitution of the Kingdom of Thailand B.E. 2560 (2017) addresses matters of state or national security in Chapter V on the Duties of the State, particularly under Section 52. This provision requires the State to protect the Monarchy, independence, sovereignty, territorial integrity, and areas over which Thailand exercises sovereign rights, as well as overall state security. In addition, the Constitution sets out the duties of the Thai people by providing, under Section 50(5), that individuals are required to perform military service as prescribed by law. Together with the Military Service Act B.E. 2497 (1954), which states in Section 7 that all males of Thai nationality are personally required to perform military service, military service is therefore a legal duty of all Thai male nationals. Based on these findings, the study offers recommendations to improve training and refresher programs for reserve forces in order to enhance their effectiveness and readiness. It also suggests the adoption of modern military technologies, along with the promotion of vocational and professional learning for active-duty soldiers. In addition, improving the rights and welfare of active-duty and conscripted personnel would help encourage a sufficient number of individuals to serve voluntarily as active-duty or conscripted soldiers, thereby supporting the national security of Thailand.