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Wikipedia

Conscientious objector

April 25, 2023

This article is about freedom of conscience in the military. For conscientious objection in medicine, see Conscience clause in medicine in the United States and Conscientious objection to abortion. For the documentary film about Desmond Doss, see The Conscientious Objector.
"Objector" redirects here. For the 1966 Australian television play, see Objector (Australian Playhouse).

A conscientious objector (often shortened to conchie)[1] is an "individual who has claimed the right to refuse to perform military service"[2] on the grounds of freedom of thought, conscience, or religion.[3] The term has also been extended to objecting to working for the military–industrial complex due to a crisis of conscience.[4] In some countries, conscientious objectors are assigned to an alternative civilian service as a substitute for conscription or military service.

A number of organizations around the world celebrate the principle on May 15 as International Conscientious Objection Day.[5]

On March 8, 1995, the United Nations Commission on Human Rights resolution 1995/83 stated that "persons performing military service should not be excluded from the right to have conscientious objections to military service".[6] This was re-affirmed on April 22, 1998, when resolution 1998/77 recognized that "persons [already] performing military service may develop conscientious objections".[7][8][9][10]

History

Further information: Anti-war movement
 
The Deserter by Boardman Robinson, The Masses, 1916

Many conscientious objectors have been executed, imprisoned, or otherwise penalized when their beliefs led to actions conflicting with their society's legal system or government. The legal definition and status of conscientious objection has varied over the years and from nation to nation. Religious beliefs were a starting point in many nations for legally granting conscientious objector status.

The first recorded conscientious objector, Maximilianus, was conscripted into the Roman Army in the year 295, but "told the Proconsul in Numidia that because of his religious convictions he could not serve in the military". He was executed for this, and was later canonized as Saint Maximilian.[11]

An early recognition of conscientious objection was granted by William the Silent to the Dutch Mennonites in 1575. They could refuse military service in exchange for a monetary payment.[12]

Formal legislation to exempt objectors from fighting was first granted in mid-18th-century Great Britain following problems with attempting to force Quakers into military service. In 1757, when the first attempt was made to establish a British Militia as a professional national military reserve, a clause in the Militia Ballot Act allowed Quakers exemption from military service.[13]

In the United States, conscientious objection was permitted from the country's founding, although regulation was left to individual states prior to the introduction of conscription.[12]

International law

Universal Declaration of Human Rights

In 1948, the issue of the right to "conscience" was dealt with by the United Nations General Assembly in Article 18 of the Universal Declaration of Human Rights. It reads:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

The proclamation was ratified during the General Assembly on 10 December 1948 by a vote of 48 in favour, 0 against, with 8 abstentions.[14]

 
Refusing to serve in the Vietnam War, boxer Muhammad Ali stated "I ain't got no quarrel with them Viet Cong ... They never called me nigger." in 1966

In 1974, the Assistant Secretary-General of the United Nations, Seán MacBride said, in his Nobel Lecture, "To the rights enshrined in the Universal Declaration of Human Rights one more might, with relevance, be added. It is 'The Right to Refuse to Kill'."[15]

In 1976, the International Covenant on Civil and Political Rights entered into force. It was based on the Universal Declaration of Human Rights, and was originally created in 1966. Nations that have signed this treaty are bound by it. Its Article 18 begins: "Everyone shall have the right to freedom of thought, conscience and religion."[16]

However, the International Covenant on Civil and Political Rights left the issue of conscientious objection inexplicit, as in this quote from War Resisters International: "Article 18 of the Covenant does put some limits on the right [to freedom of thought, conscience and religion], stating that [its] manifestations must not infringe on public safety, order, health or morals. Some states argue that such limitations [on the right to freedom of thought, conscience and religion] would [derivatively] permit them to make conscientious objection during time of war a threat to public safety, or mass conscientious objection a disruption to public order, ... [Some states] even [argue] that it is a 'moral' duty to serve the state in its military."[17]

On July 30, 1993, explicit clarification of the International Covenant on Civil and Political Rights Article 18 was made in the United Nations Human Rights Committee general comment 22, Paragraph 11: "The Covenant does not explicitly refer to a right to conscientious objection, but the Committee believes that such a right can be derived from article 18, inasmuch as the obligation to use lethal force may seriously conflict with the freedom of conscience and the right to manifest one's religion or belief."[18] In 2006, the committee has found for the first time a right to conscientious objection under article 18, although not unanimously.[19]

In 1997, an announcement of Amnesty International's forthcoming campaign and briefing for the UN Commission on Human Rights included this quote: "The right to conscientious objection to military service is not a marginal concern outside the mainstream of international human rights protection and promotion."[20]

In 1998, the Human Rights Commission reiterated previous statements and added "states should ... refrain from subjecting conscientious objectors ... to repeated punishment for failure to perform military service".[21] It also encouraged states "to consider granting asylum to those conscientious objectors compelled to leave their country of origin because they fear persecution owing to their refusal to perform military service ..."[10][22]

In 2001, Charter of Fundamental Rights of the European Union recognised the right to conscientious objection.[23]

Handbook on Procedures and Criteria for Determining Refugee Status

The Handbook on Procedures and Criteria for Determining Refugee Status (the Handbook) of the Office of the United Nations High Commissioner for Refugees (UNHCR) states:

171. Not every conviction, genuine though it may be, will constitute a sufficient reason for claiming refugee status after desertion or draft-evasion. It is not enough for a person to be in disagreement with his government regarding the political justification for a particular military action. Where, however, the type of military action, with which an individual does not wish to be associated, is condemned by the international community as contrary to basic rules of human conduct, punishment for desertion or draft-evasion could, in the light of all other requirements of the definition, in itself be regarded as persecution.[24]

Selective conscientious objection

Air Commodore Lionel Charlton, of the British Royal Air Force (RAF), served in the military from 1898 to 1928. In 1923 he selectively refused to serve in the RAF Iraq Command. (He later went on to serve as Air Officer Commanding No 3 Group.)[25]

On June 4, 1967, John Courtney Murray, an American Jesuit priest and theologian, delivered an address at Western Maryland College concerning a more specific type of conscientious objection: "the issue of selective conscientious objection, conscientious objection to particular wars, or as it is sometimes called, discretionary armed service."[26]

On March 8, 1971, the Supreme Court of the United States ruled in the case of Gillette v. United States that "the exemption for those who oppose 'participation in war in any form' applies to those who oppose participating in all war and not to those who object to participation in a particular war only."[27]

On September 24, 2003, in Israel, 27 reserve pilots and former pilots refused to serve in only specific missions. These specific missions included "civilian population centers" in "the [occupied] territories". These pilots clarified: "We ... shall continue to serve in the Israel Defense Forces and the Air Force for every mission in defense of the state of Israel."[28][29]

On May 25, 2005, journalist Jack Random wrote the following: "The case of Sergeant Kevin Benderman (Iraq War Resister) raises the burning issue of selective conscientious objection: While it is universally accepted that an individual cannot be compelled against conscience to war in general, does the same hold for an individual who objects, in the depths of the soul, to a particular war?"[30]

Religious motives

Main articles: List of pacifist faiths and Freedom of religion

Cases of behavior which could be considered as religiously motivated conscientious objection are historically attested long before the modern term appeared. For example, the Medieval Orkneyinga Saga mentions that Magnus Erlendsson, Earl of Orkney – the future Saint Magnus – had a reputation for piety and gentleness, and because of his religious convictions refused to fight in a Viking raid on Anglesey, Wales, instead staying on board his ship singing psalms.

The reasons for refusing to perform military service are varied. Many conscientious objectors cite religious reasons. Unitarian Universalists object to war in their sixth principle "The goal of world community with peace, liberty and justice for all". Members of the Historic Peace Churches such as Quakers, Anabaptists (Mennonites, Amish, Old Order Mennonite, Conservative Mennonites, the Bruderhof Communities[31] and Church of the Brethren), as well as Holiness Pacifists such as the Reformed Free Methodist Church, Emmanuel Association of Churches, the Immanuel Missionary Church and Church of God (Guthrie, Oklahoma), object to war from the conviction that Christian life is incompatible with military action, because Jesus enjoins his followers to love their enemies and to refuse violence.[32][33] The Book of Discipline of the Reformed Free Methodist Church teaches:[33]

Militarism is contrary to the spirit of the New Testament and the teachings of Jesus Christ. Even from humanitarian principles alone, it is utterly indefensible. It is our profound and God-given conviction that none of our people be required to participate in war of any form and that these God-given convictions of our members be respected.[33]

Since the American Civil War, Seventh-day Adventists have been known as non-combatants, and have done work in hospitals or to give medical care rather than combat roles, and the church has upheld the non-combative position.[34] Jehovah's Witnesses and Christadelphians, refuse to participate in the armed services on the grounds that they believe they should be neutral in worldly conflicts and often cite the latter portion of Isaiah 2:4 which states, "...neither shall they learn war anymore." Other objections can stem from a deep sense of responsibility toward humanity as a whole, or from simple denial that any government possesses the moral authority to command warlike behavior from its citizens.

The varied experiences of non-combatants are illustrated by those of Seventh-day Adventists when there was mandatory military service: "Many Seventh-day Adventists refuse to enter the army as combatants, but participate as medics, ambulance drivers, etc. During World War II in Germany, many SDA conscientious objectors were sent to concentration camps or mental institutions; some were executed. Some Seventh-day Adventists volunteered for the US Army's Operation Whitecoat, participating in research to help others. The Church preferred to call them "conscientious participants", because they were willing to risk their lives as test subjects in potentially life-threatening research. Over 2,200 Seventh-day Adventists volunteered in experiments involving various infectious agents during the 1950s through the 1970s in Fort Detrick, MD."[35] Earlier, a schism arose during and after World War I between Seventh-day Adventists in Germany who agreed to serve in the military if conscripted and those who rejected all participation in warfare—the latter group eventually forming a separate church (the Seventh Day Adventist Reform Movement).[36]

 
Blessed are the Peacemakers (1917) by George Bellows

In the early Christian Church followers of Christ refused to take up arms.

In as much as they [Jesus' teachings] ruled out as illicit all use of violence and injury against others, clearly implied [was] the illegitimacy of participation in war ... The early Christians took Jesus at his word, and understood his inculcations of gentleness and non-resistance in their literal sense. They closely identified their religion with peace; they strongly condemned war for the bloodshed which it involved.

— C John Cadoux (1919). The Early Christian Attitude to War.

After the Roman Empire officially embraced Christianity, the just war theology was developed in order to reconcile warfare with Christian belief. After Theodosius I made Christianity an official religion of the Empire, this position slowly developed into the official position of the Western Church. In the 11th century, there was a further shift of opinion in the Latin-Christian tradition with the crusades, strengthening the idea and acceptability of holy war. Objectors became a minority. Some theologians see the Constantinian shift and the loss of Christian pacifism as the great failing of the Church.

Ben Salmon was a Catholic conscientious objector during World War I and outspoken critic of Just War theology. The Catholic Church denounced him and The New York Times described him as a "spy suspect". The US military (in which he was never inducted) charged him with desertion and spreading propaganda, then sentenced him to death (this was later revised to 25 years hard labor).[37] On June 5, 1917, Salmon wrote in a letter to President Wilson:

Regardless of nationality, all men are brothers. God is "our Father who art in heaven". The commandment "Thou shalt not kill" is unconditional and inexorable. ... The lowly Nazarene taught us the doctrine of non-resistance, and so convinced was he of the soundness of that doctrine that he sealed his belief with death on the cross. When human law conflicts with Divine law, my duty is clear. Conscience, my infallible guide, impels me to tell you that prison, death, or both, are infinitely preferable to joining any branch of the Army.[38]

Because of their conscientious objection to participation in military service, whether armed or unarmed, Jehovah's Witnesses have often faced imprisonment or other penalties. In Greece, for example, before the introduction of alternative civilian service in 1997, hundreds of Witnesses were imprisoned, some for three years or even more for their refusal. In Armenia, young Jehovah's Witnesses were imprisoned because of their conscientious objection to military service; this was discontinued in November 2013.[39] The government of South Korea also imprisons hundreds for refusing the draft. In Switzerland, virtually every Jehovah's Witness is exempted from military service.

For believers in Indian religions, the opposition to warfare may be based on either the general idea of ahimsa, nonviolence, or on an explicit prohibition of violence by their religion, e.g., for a Buddhist, one of the five precepts is "Pānātipātā veramaṇi sikkhāpadam samādiyāmi", or "I undertake the precept to refrain from destroying living creatures", which is in obvious opposition to the practice of warfare. The 14th Dalai Lama has stated that war "should be relegated to the dustbin of history". On the other hand, many Buddhist sects, especially in Japan, have been thoroughly militarized, warrior monks (yamabushi or sōhei) participating in the civil wars. Hindu beliefs do not go against the concept of war, as seen in the Gita. Both Sikhs and Hindus believe war should be a last resort and should be fought to sustain life and morality in society.

Followers of the Baháʼí Faith are advised to do social service instead of active army service, but when this is not possible because of obligations in certain countries, the Baháʼí laws include loyalty to one's government, and the individual should perform the army service.[40][41]

Some practitioners of pagan religions, particularly Wicca, may object on the grounds of the Wiccan rede, which states "An it harm none, do what ye will" (or variations). The threefold law may also be grounds for objection.

A notable example of a conscientious objector was the Austrian devout Roman Catholic Christian Franz Jägerstätter, who was executed on August 9, 1943, for openly refusing to serve in the Nazi Wehrmacht, consciously accepting the penalty of death. He was declared Blessed by Pope Benedict XVI in 2007 for dying for his beliefs, and is viewed as a symbol of self-sacrificing resistance.

Alternatives for objectors

Some conscientious objectors are unwilling to serve the military in any capacity, while others accept noncombatant roles. While conscientious objection is usually the refusal to collaborate with military organizations, as a combatant in war or in any supportive role, some advocate compromising forms of conscientious objection. One compromising form is to accept non-combatant roles during conscription or military service. Alternatives to military or civilian service include serving an imprisonment or other punishment for refusing conscription, falsely claiming unfitness for duty by feigning an allergy or a heart condition, delaying conscription until the maximum drafting age, or seeking refuge in a country which does not extradite those wanted for military conscription. Avoiding military service is sometimes labeled draft dodging, particularly if the goal is accomplished through dishonesty or evasive maneuvers. However, many people who support conscription will distinguish between "bona fide" conscientious objection and draft dodging, which they view as evasion of military service without a valid excuse.

Conservative Mennonites do not object to serving their country in peaceful alternatives (alternative service) such as hospital work, farming, forestry, road construction and similar occupations. Their objection is in being part in any military capacity whether noncombatant or regular service. During World War II and the Korean, Vietnam war eras they served in many such capacities in alternative I-W service programs initially through the Mennonite Central Committee and now through their own alternatives.

Despite the fact that international institutions such as the United Nations (UN) and the Council of Europe (CoE) regard and promote conscientious objection as a human right,[42] as of 2004, it still does not have a legal basis in most countries. Among the roughly one-hundred countries that have conscription, only thirty countries have some legal provisions, 25 of them in Europe. In Europe, most countries with conscription more or less fulfill international guidelines on conscientious objection legislation (except for Greece, Cyprus, Turkey, Finland and Russia) today. In many countries outside Europe, especially in armed conflict areas (e.g. Democratic Republic of the Congo), conscientious objection is punished severely.

In 1991, The Peace Abbey established the National Registry for Conscientious Objection where people can publicly state their refusal to participate in armed conflict.

Conscientious objection around the world

Belgium

Conscription was mandatory to all able-bodied Belgian males until 1994, when it was suspended. Civilian service was possible since 1963. Objectors could apply for the status of conscience objector. When granted, they did an alternative service with the civil service or with a socio-cultural organisation. The former would last 1.5 times as long as the shortest military service, the latter twice as long.

After their service, objectors are not allowed to take jobs that require them to carry weapons, such as police jobs, until the age of 42.

Since conscription was suspended in 1994 and military service is voluntary, the status of conscience objector can not be granted anymore in Belgium.

Canada

See also: Canada and Iraq War resisters and War Resisters Support Campaign

Mennonites and other similar peace churches in Canada were automatically exempt from any type of service during Canada's involvement in World War I by provisions of the Order in Council of 1873 yet initially, many were imprisoned until the matter was again resettled. With pressure of public opinion, the Canadian government barred entry of additional Mennonite and Hutterite immigrants, rescinding the privileges of the Order in Council.[43] During Canada's involvement in World War II, Canadian conscientious objectors were given the options of noncombatant military service, serving in the medical or dental corps under military control or working in parks and on roads under civilian supervision. Over 95% chose the latter and were placed in Alternative Service camps.[44][45] Initially the men worked on road building, forestry and firefighting projects. After May 1943, as the labour shortage developed within the nation and another Conscription Crisis burgeoned, men were shifted into agriculture, education and industry. The 10,700 Canadian objectors were mostly Mennonites (63%) and Dukhobors (20%).[46]

Colombia

Conscientious objection is recognised in Colombia.[47]

Czechoslovakia

In Czechoslovakia, those not willing to enter mandatory military service could avoid it by signing a contract for work lasting years in unattractive occupations, such as mining. Those who didn't sign were imprisoned. Both numbers were tiny. After the communist party lost its power in 1989, alternative civil service was established. As of 2006, both the Czech Republic and Slovakia have abolished conscription.

Denmark

Any male getting drafted, but unwilling to serve, has the possibility to avoid military service by instead serving community service for the duration of the conscription.

Eritrea

There is no right to conscientious objection to military service in Eritrea – which is of an indefinite length – and those who refuse the draft are imprisoned. Some Jehovah's Witness conscientious objectors have been in jail since 1994.[48]

Finland

See also: Siviilipalvelus

Finland introduced conscription in 1881, but its enforcement was suspended in 1903 as part of Russification. During the Finnish Civil War in 1918, conscription was reintroduced for all able-bodied men. In 1922, the option of noncombatant military service was introduced, but service in the military remained compulsory on pain of imprisonment. After the struggle of pacifist Arndt Pekurinen a law was passed providing for a peacetime-only alternative to military service, or civilian service (Finnish siviilipalvelus). The law was dubbed "Lex Pekurinen" after him. During the Winter War, Pekurinen and other conscientious objectors were imprisoned, and Pekurinen was eventually executed at the front in 1941, during the Continuation War.

After the war, a conscientious objector's civilian service lasted 16 months, whereas military service was 8 months at its shortest. To qualify for civilian service, an objector had to explain his conviction before a board of inspection that included military officers and clergymen. In 1987, the duration of the service was shortened to 13 months and the board of inspection was abolished. In 2008, the term was further shortened to 12 months to match the duration of the longest military service (that of officer trainees and technical crew). Today, a person subject to conscription may apply for civilian service at any time before or during his military service, and the application is accepted as a matter of course. A female performing voluntary military service can quit her service anytime during the first 45 days, however, if she wants to quit after those 45 days she would be treated like a male and assigned to civilian service.

Persons who have completed their civilian service during peacetime have, according to the legislation enacted in 2008, the right to serve in non-military duties also during a crisis situation. They may be called to serve in various duties with the rescue services or other necessary work of a non-military nature. Persons who declare themselves to be conscientious objectors only after a crisis has started must, however, prove their conviction before a special board. Before the new legislation, the right to conscientious objection was acknowledged only in peacetime. The changes to the service term and to the legal status of objectors during a crisis situation were made as a response to human rights concerns voiced by several international bodies,[49][50] who are overseeing the implementation of human rights agreements. These organisations had demanded Finland to take measures to improve its legislation concerning conscientious objectors, which they considered discriminatory. None of these organisations have yet raised concerns on the current legislation.

There are a small number of total objectors who refuse even civilian service, and are imprisoned for six months. This is not registered into the person's criminal record.

France

 
Stamp created by the Centre de défense des objecteurs de conscience (around 1936).

The creation of a legal status for conscientious objectors in France was the subject of a long struggle involving for instance or the much-publicised trials of Protestant activists Jacques Martin, Philippe Vernier and Camille Rombault in 1932–1933[51] or the hunger strike of anarchist Louis Lecoin in 1962.

The legal status law was passed in December 1963, 43 years (and many prison sentences) after the first requests.

In 1983, a new law passed by socialist Interior Minister Pierre Joxe considerably improved this status, simplifying the conditions under which the status would be granted. Conscientious objectors were then free to choose an activity in the social realm where they would spend their civil service time. However, in order to avoid too many applications for civil service at the expense of the military, the duration of the civil service is however kept twice as long as the military service.

The effect of these laws was suspended in 2001 when compulsory military service was abolished in France. The special prison at Strasbourg for Jehovah's Witnesses, who refuse to join any military, was also abolished.

Since 1986, the associations defending conscientious objection in France have chosen to celebrate their cause on 15 May.[52]

Germany

Main article: Conscription in Germany

Nazi Germany

In Nazi Germany, conscientious objection was not recognized in the law. In theory, objectors would be drafted and then court-martialled for desertion. The practice was even harsher: going beyond the letter of an already extremely flexible law, conscientious objection was considered subversion of military strength, a crime normally punished with death. On September 15, 1939, August Dickmann, a Jehovah's Witness, and the first conscientious objector of the war to be executed, died by a firing squad at the Sachsenhausen concentration camp.[53] Among others, Franz Jägerstätter was executed after his conscientious objection, on the grounds that he could not fight in the forces of the evil side.

East Germany

Main article: Conscientious objection in East Germany

After World War II in East Germany, there was no official right to conscientious objection. Nevertheless, and uniquely among the Eastern bloc, objections were accepted and the objectors assigned to construction units. They were however part of the military, so that a fully civilian alternative did not exist. Also, "construction soldiers" were discriminated against in their later professional life.[54][55]

West Germany and reunified Germany

According to Article 4(3) of the German constitution: "No person may be forced against their conscience to perform armed military service. Details shall be regulated by a federal law."

According to Article 12a, a law may be passed to require every male from the age of 18 to military service called Wehrdienst; also, a law can require conscientious objectors to perform non-military service instead called Wehrersatzdienst, literally "military replacement service", or colloquially Zivildienst. These laws were applicable and demanded compulsory service in the German armed forces (German: Bundeswehr) until the abolition of draft in 2011. Initially, each conscientious objector had to appear in person to a panel hearing at the draft office (or contest a negative decision at the administrative court). The suspension of the procedure (1977), allowing to "object with a post card", was ruled unconstitutional in 1978. Beginning in 1983, competence was shifted to the Kreiswehrersatzamt (district military replacement office), which had discretion to either approve or reject a conscientious objection, which had to consist of a detailed written statement by an applicant giving reasons as to why the applicant was conscientiously objecting. This was generally just a formality, and objections were not often rejected. In later years in particular however, with the rise of the Internet, conscientious objections fell into disrepute because of the ease of being able to simply download existing example objections. It earned some conscientious objections the suspicion of an applicant simply attempting an easy way out of military service. On the other hand, certain organizations within the German peace movement had been offering pamphlets for decades giving suggestions to applicants as to the proper wording and structure of an objection which would have the greatest chances of success.

Following a 1985 Federal Constitution Court decision, Wehrersatzdienst could be no simple choice of convenience for an applicant, but he had to cite veritable conflict of conscience which made him unable to perform any kind of military service at all. If there was doubt about the true nature of an objector's application, he could be summoned to appear before a panel at the Kreiswehrersatzamt to explain his reasons in person. An approved conscientious objection in any case then meant that an applicant was required by law to perform Wehrersatzdienst. Complete objection both to military and replacement service was known as Totalverweigerung; it was illegal and could be punished with a fine or a suspended custodial sentence.

Nearly the only legal way to get both out of military service and replacement service was to be deemed physically unfit for military service. Both men who entered military service and those who wanted to go into replacement service had to pass a military physical examination at the military replacement office. Five categories/levels of physical fitness, or Tauglichkeitsstufen, existed. Tauglichkeitsstufe 5, in short T5, meant that a person was rejected for military service and thus also did not need to enter replacement service. T5 status was usually only granted if a person had physical or mental disabilities or was otherwise significantly impaired, such as due to very poor eyesight or debilitating chronic illnesses. However, in the last years of the draft, T5 was increasingly given to potential recruits with only minor physical or mental handicaps.

Another way to get out of service completely was the two brothers rule, which stated that if two older brothers had already served in the military, any following male children of a family were exempt from service.

Due to West Berlin's special status between the end of the Second World War and 1990 as a city governed by foreign military powers, draft did not apply within its borders. This made Berlin a safe haven for many young people who chose to move to the city to prevent criminal court repercussions for Totalverweigerung. As Totalverweigerer were often part of the far-left political spectrum, this was one factor which spawned a politically active left-wing and left-wing radical scene in the city.

Wehrersatzdienst was for a long time considerably longer than military service, by up to a third, even when the duration of service was gradually reduced following reunification and the end of the Cold War. This was held by some as a violation of constitutional principles, but was upheld in several court decisions based on the reasoning that former service personnel could be redrafted for military exercises called Wehrübungen, while somebody who had served out his replacement service could not. Moreover, work conditions under military service typically involved more hardship and inconvenience than Wehrersatzdienst. In 2004, military service and Wehrersatzdienst were then made to last equal lengths of time.

Military service and draft were controversial during much of their existence. Reasons included the consideration that Germans could be made to fight against their fellow Germans in East Germany. Moreover, draft only applied to men, which was seen as gender based discrimination by some, but was often countered by the argument that women usually gave up their careers either temporarily or permanently to raise their children. With the end of the Cold War and the German military's primary purpose of defending its home territory increasingly looking doubtful, draft also began to become more arbitrary, as only certain portions of a particular birth year were drafted (usually those in very healthy physical condition), while others weren't. This was seen as a problem of Wehrgerechtigkeit, or equal justice of military service.

Then-German President Roman Herzog said in a 1994 speech (which was frequently cited as an argument for draft abolition) that only the necessity for national defense, not any other arguments can justify draft. On the other hand, this logic tended to not be extended to men serving Wehrersatzdienst, as they usually worked in fields of public health, elderly care, medical assistance or assistance for the disabled. Their relatively low-paid work was seen as an ever more important backbone of a health sector which was grappling with rapidly increasing costs of care.

In 2011 the mandatory draft was abolished in Germany, mainly due to a perceived lack of aforementioned necessity. The Bundeswehr now solely relies on service members who deliberately choose it as a career path. Neither Article 12a (establishing the possibility of draft) nor Article 4 (3) (permitting conscientious objection) have been removed from the German Constitution. In theory, this makes a full reversion to draft (and Wehrersatzdienst) possible, if it is thought to be necessary.

Hungary

Conscription was suspended in Hungary in 2004. Before being drafted anyone can apply for the status of conscientious objector and fulfil his duties in unarmed military service or civilian service.

Israel

Main article: Refusal to serve in the IDF

All Israeli citizens and permanent residents are liable to military service. However, the Ministry of Defense has used its discretion under article 36 of this law to automatically exempt all non-Jewish women and all Arab men, except for the Druze, from military service ever since Israel was established. Israeli Arabs may volunteer to perform military service, but very few do so (except among the Bedouin population of Israel).[56]

In discussing the status of the armed forces shortly after the founding of the State of Israel, representatives of orthodox religious parties argued that yeshiva students should be exempt from military service. This derives from the Jewish tradition that if a man wants to dedicate his life to religious study, society must allow him to do so. The request of orthodox political parties to 'prevent neglect of studying the Torah' was granted by the authorities. But in recent years this exemption practice has become the subject of debate in Israeli society, as the absolute and the relative numbers of the men who received this exemption rose sharply.[57] In 2012, the Israeli Supreme Court ruled in the case of Ressler et al. v. The Knesset et al..[58] that the blanket exemption granted to ultra-Orthodox yeshiva students was ultra vires the authority of the Minister of Defence, and that it violated Basic Law: Human Dignity and Liberty and was, therefore, unconstitutional.

As for conscientious objection, in 2002, in the case of David Zonschein et al. v. Military Advocate General et al.,[58] the Supreme Court reiterated its position that selective conscientious objection was not permitted, adding that conscientious objection could only be recognized in cases of general objection to military service.

Women can claim exemption from military service on grounds of conscience under arts. 39 (c) and 40 of the Defense Service Law, according to which religious reasons can be grounds for exemption.[56]

Italy

Until 2004 conscription was mandatory to all able-bodied Italian males. Those who were born in the last months of the year typically used to serve in the Navy, unless judged unable for ship service (in this case they could be sent back to Army or Air Force). Until 1972, objectors were considered as traitors and tried by a military tribunal; after 1972, objectors could choose an alternative civilian service, which was eight months longer than standard military service (fifteen months, then twelve, as for Army and Air Force, 24 months, then eighteen, then twelve as for the Navy)[citation needed]. Since such length was judged too punitive, an arrangement was made to make the civilian service as long as the military service. Since 2004, Italian males no longer need to object because military service has been turned into volunteer for both males and females.

Marshall Islands

In the Republic of the Marshall Islands no person can be conscripted if, after being afforded a reasonable opportunity to do so, he has established that he is a conscientious objector to participation in war (Marshall Islands Constitution Article II Section 11).

The Netherlands

Conscription was mandatory to all able-bodied Dutch males until May 1, 1997, when it was suspended. The Law on conscientious objections military services [59] is active since 27 September 1962. Objectors have to work a third time longer in civil service than is normal for military service. The civil service have to be provided by government services, or by institutions designated for employment of conscientious objectors designated by the Secretary of Social Affairs and Employment, who work in the public interest.

 
Waikeria Prison for WW1 objectors, c.1923

New Zealand

In 1916 conscription was introduced in New Zealand, with only Quakers, Christadelphians, and Seventh-day Adventists having automatic exemption from the conscription.[60] During the First World War, between 1,500 and 2,000 objectors and defaulters were convicted, or came under state control, for their opposition to war. At least 64 of these were still at Waikeria Prison on 5 March 1919 – some of whom had gone on hunger strike in protest.

Also during the First World War fourteen objectors, including Archibald Baxter, were forcibly sent to the front lines and were subject to Field Punishment No. 1, which "involved being tethered tightly by the wrists to a sloping pole to ensure their bodies hung with their hands taking all their weight."[61]

During World War Two, conscription was re-introduced in 1940 and 5000 men applied for an exemption on the grounds of conscientious objection.[60] Of these, 800 were imprisoned for the length of the war, and were barred from voting for ten years when they were released following the end of the war.[60]

In the contemporary setting, there is no statute or case law which deal with conscientious objection.[62] But, the OHCHR believes that the Bill of Rights Act 1990 and the ratification of Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights creates a legal framework which enables conscientious objection.[62]

Romania

In Romania, as of 23 October 2006 conscription was suspended, therefore, the status of conscience objector does not apply.[63] This came about due to a 2003 constitutional amendment which allowed the parliament to make military service optional. The Romanian Parliament voted to abolish conscription in October 2005, with the vote formalizing one of many military modernization and reform programs that Romania agreed to when it joined NATO.

Russia

Main article: Conscription in Russia

The Russian Empire allowed Russian Mennonites to run and maintain forestry service units in South Russia in lieu of their military obligation. The program was under church control from 1881 through 1918, reaching a peak of seven thousand conscientious objectors during World War I. An additional five thousand Mennonites formed complete hospital units and transported wounded from the battlefield to Moscow and Ekaterinoslav hospitals.[64]

After the Russian Revolution of 1917, Leon Trotsky issued a decree allowing alternative service for religious objectors whose sincerity was determined upon examination.[65] Vladimir Chertkov, a follower of Leo Tolstoy, chaired the United Council of Religious Fellowships and Groups, which successfully freed 8000 conscientious objectors from military service during the Russian Civil War. The law was not applied uniformly and hundreds of objectors were imprisoned and over 200 were executed.[citation needed]The United Council was forced to cease activity in December 1920, but alternative service was available under the New Economic Policy until it was abolished in 1936.[66] Unlike the earlier forestry and hospital service, later conscientious objectors were classified "enemies of the people" and their alternative service was performed in remote areas in a gulag-like environment in order to break their resistance and encourage enlistment.[67]

In the present day,[when?] Russian draft legislation allows people to choose an alternative civilian service for religious or ideological reasons. Most objectors are employed in healthcare, construction, forestry and post industries, serving 18 to 21 months.

South Africa

Main articles: South African resistance to war and End Conscription Campaign

During the 1980s, hundreds[68] of South African white males dodged the draft, refused the call-up or objected to conscription in the South African Defence Force. Some simply deserted, or joined organisations such as the End Conscription Campaign, an anti-war movement banned in 1988, while others fled into exile and joined the Committee on South African War Resistance. Most lived in a state of internal exile, forced to go underground within the borders of the country until a moratorium on conscription was declared in 1993. Opposition to the Angolan War, was rife in English-speaking campuses, and later the war in the townships became the focus of these groupings.

South Korea

See also: Conscientious objection in South Korea

The terminology conscientious objector technically has not existed in Korean dictionary until recently. In fact, significant majority of Korean citizens simply associate conscientious objectors with draft dodging, and are unaware of the fact that conscientious objector draftees in other westernized countries are required to serve in alternative services. Since the establishment of the Republic of Korea, thousands of conscientious objectors had no choice but to be imprisoned as criminals. Every year about 500 young men, mostly Jehovah's Witnesses,[69] are arrested for refusing the draft.[70]

South Korea's stance has drawn criticism from The U.N. Human Rights Committee, which argues that South Korea is violating article 18 of the ICCPR, which guarantees freedom of thought and conscience. In 2006, 2010, and again in 2011 the U.N. Human Rights Committee, after reviewing petitions from South Korean conscientious objectors, declared that the government was violating Article 18 of the ICCPR, the provision that guarantees the right to freedom of thought, conscience and religion.[71]

The government's National Action Plan for the Promotion and Protection of Human Rights has not shown a clear stance on the pressing human rights issues such as, among other things, the rights of conscientious objectors to military service.[72]

In September 2007, the government announced a program to give conscientious objectors an opportunity to participate in alternative civilian service.[73] The program stipulates three years of civilian service that is not connected with the military in any way. However, that program has been postponed indefinitely after the succeeding administration took office in 2008.[71]

The government argues that introducing an alternative service would jeopardize national security and undermine social equality and cohesion. This is amid an increasing number of countries which retain compulsory service have introduced alternatives. In addition, some countries, including those with national security concerns have shown that alternative service can be successfully implemented.[71]

On January 15, 2009, the Korean Presidential Commission on Suspicious Deaths in the Military released its decision acknowledging that the government was responsible for the deaths of five young men, who were Jehovah's Witnesses and had forcibly been conscripted into the army. The deaths resulted from "the state's anti-human rights violence" and "its acts of brutality" during the 1970s that continued into the mid-1980s. This decision is significant since it is the first one recognizing the state's responsibility for deaths resulting from violence within the military.[74][75] According to the commission's decision, "the beatings and acts of brutality committed against them by military officials were attempts to compel and coerce them to act against their conscience (religion) and were unconstitutional, anti-human rights acts that infringed severely upon the freedom of conscience (religion) guaranteed in the Constitution."[74]

The records of conscientious objectors to military service are kept by a governmental investigative body as criminal files for five years. As a consequence, conscientious objectors are not allowed to enter a government office and apply for any type of national certification exam. It is also very unlikely that they will be employed by any company that inquires about criminal records.[76]

Conscientious objectors ... often spend the rest of their lives tainted by their decision... Criminal records from draft dodging make it difficult for objectors to find good jobs and the issue of army service is often raised by potential employers during job interviews.[70]

From 2000 to 2008, Korean Military Manpower Administration said that at least 4,958 men have objected to service in the military because of religious beliefs. Among those, 4,925 were Jehovah's Witnesses, 3 were Buddhists, and the other 30 refused the mandatory service because of conscientious objections other than religious reasons.[77] Since 1950, there have been more than 16,000 Jehovah's Witnesses sentenced to a combined total of 31,256 years for refusing to perform military service. If alternative service is not provided, some 500 to 900 young men will continue to be added each year to the list of conscientious objectors criminalized in Korea.[78]

In 2015, Lee Yeda was the first conscientious objector to be allowed to live in France via asylum.[79][80]

In June 2018, the Constitutional Court ruled 6–3 that Article 5 of the country's Military Service Act is unconstitutional because it fails to provide an alternative civilian national service for conscientious objectors. As of 2018, 19,300 South Korean conscientious objectors had gone to prison since 1953. The Defense Ministry said it would honor the ruling by introducing alternative services as soon as possible.[81]

On November 1, 2018, the Supreme Court of Korea decided that conscientious objection is a valid reason to refuse mandatory military service, and vacated and remanded the appellate court's decision finding a Jehovah's Witness guilty of the objection.[82]

Spain

Conscientious objection was not permitted in Francoist Spain.[83] Conscientious objectors usually refused to serve on religious grounds, such as being Jehovah's Witnesses, and were placed in prison for the duration of their sentences. The Spanish Constitution of 1978 acknowledged conscientious objectors.[84] The Spanish parliament established a longer service (Prestación Social Sustitutoria) as an alternative to the Army. In spite of this, a strong movement appeared that refused both services. The Red Cross was the only important organisation employing objectors. Because of this, the waiting lists for the PSS were long, especially in areas like Navarre, where pacifism, Basque nationalism and a low unemployment rate discouraged young males from the army[original research?]. Thousands of insumisos (non-submittants) publicly refused the PSS, and hundreds were imprisoned. In addition a number of those in the military decided to refuse further duties. A number of people not liable for military service made declarations of self-incrimination, stating that they had encouraged insumisión.[85] The government, fearing popular reaction, reduced the length of service and instead of sentencing insumisos to prison declared them unfit for public service.

Fronting the decreasing birth rate and the popular opposition to an army seen as a continuating institution of one of the pillars of the dictatorship's regime, the Spanish government tried to modernise the model carried from the Franco era, professionalizing it and thus bringing an end to conscription by the end of 2001. The new army tried to provide an education for civilian life and participated in peace operations in Bosnia.

See also: Insubordinate movement in Spain

Taiwan

There is the possibility of avoiding military service by instead serving civilian services for the duration of the conscription.

Turkey

The issue is highly controversial in Turkey. Turkey and Azerbaijan are the only two countries refusing to recognize conscientious objection and sustain their membership in the Council of Europe. In January 2006, the European Court of Human Rights (ECHR) found Turkey had violated article 3 of the European Convention on Human Rights (prohibition of degrading treatment) in a case dealing with the conscientious objection of Osman Murat Ülke.[86] In 2005, Mehmet Tarhan was sentenced to four years in a military prison as a conscientious objector (he was unexpectedly released in March 2006). Journalist Perihan Mağden was tried by a Turkish court for supporting Tarhan and advocating conscientious objection as a human right; but later, she was acquitted.

As of March 2011, there were 125 objectors including 25 female objectors in Turkey. Another 256 people of Kurdish origin also had announced their conscientious objection to military service.[87] Conscientious objector İnan Süver was named a prisoner of conscience by Amnesty International.[88]

On 14 November 2011, the Ministry of Justice announced a draft proposal to legalise conscientious objection in Turkey and that it was to take effect two weeks after approval by the President to the change.[89] This decision to legalize by the Turkish government was because of pressure from the European Court of Human Rights. The ECHR gave the Turkish government a deadline until the end of 2011 to legalize conscientious objection. The draft was withdrawn afterwards.

A commission was founded within the National Assembly of the Republic to write a new constitution in 2012. The commission is still in negotiations on various articles and conscientious objection is one of the most controversial issues.

United Kingdom

Further information: Conscription in the United Kingdom

The United Kingdom recognised the right of individuals not to fight in the 18th century following major problems with attempting to force Quakers into military service. The Militia Ballot Act of 1757 allowed Quakers to be excluded from service in the Militia. It then ceased to be a major issue, since Britain's armed forces were generally all-volunteer. However, press gangs were used to strengthen army and navy rolls on occasions from the 16th to the early 19th centuries. Pressed men did have the right of appeal, in the case of sailors, to the Admiralty. The Royal Navy last took pressed men in the Napoleonic War.

 
Conscientious Objector memorial in Tavistock Square Gardens, London—dedicated on 15 May 1994

A more general right to refuse military service was not introduced until the First World War. Britain introduced conscription with the Military Service Act of January 1916, which came into full effect on 2 March 1916. The Act allowed for objectors to be absolutely exempted, to perform alternative civilian service, or to serve as a non-combatant in the army's Non-Combatant Corps, according to the extent to which they could convince a Military Service Tribunal of the quality of their objection.[90]

Around 16,000 men were recorded as conscientious objectors, with Quakers, traditionally pacifist, forming a large proportion: 4,500 objectors were exempted on condition of doing civilian 'work of national importance', such as farming, forestry or social service; and 7,000 were conscripted into the specially-created Non-Combatant Corps. However, 6,000 were refused any exemption and forced into main army regiments; if they then refused to obey orders, they were court-martialled and sent to prison. Thus, the well-known pacifist and religious writer Stephen Henry Hobhouse was called up in 1916: he and many other Quaker activists took the unconditionalist stand, refusing both military and alternative service, and on enforced enlistment were court-martialled and imprisoned for disobedience.[91] Conscientious objectors formed only a tiny proportion of Military Service Tribunals' cases over the whole conscription period, estimated at around 2%.[92] Tribunals were notoriously harsh towards conscientious objectors, reflecting widespread public opinion that they were lazy, degenerate, ungrateful 'shirkers' seeking to benefit from the sacrifices of others.[93]

In an attempt to press the issue, in May 1916 a group of thirty-five objectors, including the Richmond Sixteen, were taken to France as conscripts and given military orders, the disobedience of which would warrant the death penalty.[94] These men, known as "The Frenchmen", refused; the four ringleaders were formally sentenced to death by court-martial but immediately reprieved, with commutation to ten-years' penal servitude.[95]

Although a few objectors were accepted for non-combatant service in the Royal Army Medical Corps, acting as nursing/paramedic assistants, the majority of non-combatants served in the Non-Combatant Corps on non-lethal stores, road and railway building and general labouring in the UK and France. Conscientious objectors who were deemed not to have made any useful contribution to the state were formally disfranchised (through a clause inserted in the Representation of the People Act 1918 at the insistence of back-bench MPs) for the five years 1 September 1921 – 31 August 1926, but as it was a last-minute amendment there was no administrative machinery to enforce such disfranchisement, which was admitted to be a "dead letter".[96]

Britain's conscription legislation of 1916 did not apply to Ireland, despite it being then all part of the United Kingdom. However, in 1918 the Army's continuing demand for more troops led to passing a further act enabling conscription in Ireland if and when the government saw fit. In the event, the government never saw fit, although the legislation led to the Conscription Crisis of 1918. Similarly, British conscription in the Second World War did not apply to Northern Ireland. Nevertheless, many Irishmen volunteered to fight in both world wars. The various parts of the British Empire and Commonwealth had their own laws: in general, all the larger countries of the Empire participated, and some were, in proportion to their population, major participants in the First World War.

In the Second World War, following the National Service (Armed Forces) Act 1939, there were nearly 60,000 registered Conscientious Objectors. Testing by tribunals resumed, this time by special Conscientious Objection Tribunals chaired by a judge, and the effects were much less harsh. If you were not a member of the Quakers or some similar pacifist organisation, it was generally enough to say that you objected to "warfare as a means of settling international disputes", a phrase from the Kellogg–Briand Pact of 1928. The tribunals could grant full exemption, exemption conditional on alternative service, exemption only from combatant duties, or dismiss the application. Of the 61,000 who were registered, 3,000 were given complete exemption; 18,000 applications were initially dismissed, but a number of such applicants succeeded at the Appellate Tribunal, sometimes after a "qualifying" sentence of three-months' imprisonment for an offence deemed to have been committed on grounds of conscience. Of those directed to non-combatant military service almost 7,000 were allocated to the Non-Combatant Corps, re-activated in mid-1940; its companies worked in clothing and food stores, in transport, or any military project not requiring the handling of "material of an aggressive nature". In November 1940 it was decided to allow troops in the NCC to volunteer for work in bomb disposal.[97] In total over 350 volunteered.[97] Other non-combatants worked in the Royal Army Medical Corps. For conscientious objectors exempted conditional upon performing civil work, acceptable occupations were farm work, mining, firefighting and the ambulance service. About 5,500 objectors were imprisoned, most charged with refusal to attend a medical examination as a necessary preliminary to call-up after being refused exemption, and some charged with non-compliance with the terms of conditional exemption. A further 1,000 were court-martialled by the armed forces and sent to military detention barracks or civil prisons. Differently from the First World War, most sentences were relatively short, and there was no pattern of continually repeated sentences. Nevertheless, the social stigma attached to 'conchies' (as they were called) was considerable; regardless of the genuineness of their motives, cowardice was often imputed.

Conscription in the United Kingdom was retained, with rights of conscientious objection, as National Service until the last call-up in 1960 and the last discharge in 1963. The use of all volunteer soldiers was hoped to remove the need to consider conscientious objectors. Ever since the First World War, however, there have been volunteer members of the armed forces who have developed a conscientious objection to continuing in service; a procedure was devised for them in the Second World War, and, with adaptations, it continues to this day.

United States

Main article: Conscientious objection in the United States
See also: New York Draft Riots and Conscription in the United States

There are currently legal provisions in the United States for recognizing conscientious objection, both through the Selective Service System and through the Department of Defense. The United States recognizes religious and moral objections, but not selective objections. Conscientious objectors in the United States may perform either civilian work or noncombatant service in lieu of combatant military service.[98]

Historically, conscientious objectors have been persecuted in the United States. After the Selective Service System was founded during World War I, such persecutions decreased in frequency, and recognition for conscientious objectors grew.[citation needed]

Other countries

As of 2005, conscientious objectors in several countries may serve as field paramedics in the army (although some do not consider this a genuine alternative, as they feel it merely helps to make war more humane instead of preventing it). Alternatively, they may serve without arms, although this, too, has its problems. In certain European countries such as Austria, Greece and Switzerland, there is the option of performing an alternative civilian service, subject to the review of a written application or after a hearing about the state of conscience. In Greece, the alternative civilian service is twice as long as the corresponding military service; in Austria Zivildienst is one third times longer, the Swiss Zivildienst is one and one-half times longer than military service. In 2005, the Swiss parliament considered whether willingness to serve one and a half times longer than an army recruit was sufficient proof of sincerity, citing that the cost of judging the state of conscience of a few thousand men per year was too great.

Conscientious objection in professional forces

Only two European Union countries – Germany and the Netherlands – recognize the right to conscientious objection for contract and professional military personnel.[99]

In the United States, military personnel who come to a conviction of conscientious objection during their tour of duty must appear in front of a panel of experts, which consists of psychiatrists, military chaplains and officers.

In Switzerland, the panel consists entirely of civilians, and military personnel have no authority whatsoever. In Germany, the draft has been suspended since 2011.[100][full citation needed]

See also

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  86. ^ "Chamber Judgement Ulke vs. Turkey" 2006-10-09 at the Wayback Machine, Accessed June 7, 2006.
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  92. ^ Adrian Gregory, 'Military Service Tribunals, 1916–1918' in J. Harris (ed.) Civil Society in British History. (Oxford, 2003).
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  97. ^ a b Jappy, M. J (2001). Danger UXB The Remarkable Story of the Disposal of Unexploded Bombs During the Second World War. Channel 4 books. p. 92. ISBN 0-7522-1938-3.
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Further reading

  • , (2008),Peace to War: Shifting Allegiances in the Assemblies of God. Telford, PA: Cascadia Publishing/Herald Press. A history and analysis of conscientious objection in the Assemblies of God, the largest Pentecostal denomination.
  • Barker, Rachel. Conscience, government and war: Conscientious objection in Great Britain 1939–45 (Routledge, 2021).
  • Bennett, Scott H. (2003). Radical Pacifism: The War Resisters League and Gandhian Nonviolence in America, 1915–1963. (Syracuse Univ. Press).
  • Brennan, Jason. "Conscientious tax objection: why the liberal state must accommodate tax resisters." Public Affairs Quarterly 26.2 (2012): 141-159.
  • Keim, Albert N. (1990). The CPS Story: An Illustrated History of Civilian Public Service, pp. 75–79. Good Books. ISBN 1-56148-002-9 online
  • Gingerich, Melvin (1949), Service for Peace, A History of Mennonite Civilian Public Service, Mennonite Central Committee.
  • Krahn, Cornelius, Gingerich, Melvin & Harms, Orlando (Eds.) (1955). The Mennonite Encyclopedia, Volume I, pp. 76–78. Mennoniite Publishing House.
  • Magelssen, Morten. "When should conscientious objection be accepted?" Journal of Medical Ethics 38.1 (2012): 18-21. online
  • Matthews, Mark (2006). Smoke Jumping on the Western Fire Line: Conscientious Objectors during World War II, University of Oklahoma Press. ISBN 978-0806137667
  • Moorehead, Caroline (1987). Troublesome People: Enemies of War, 1916–86, Hamish Hamilton Ltd, ISBN 0-241-12105-1
  • .
  • Smith, C. Henry (1981). Smith's Story of the Mennonites. Revised and expanded by Cornelius Krahn. Newton, Kansas: Faith and Life Press. pp. 299–300, 311. ISBN 0-87303-069-9.
  • Robb, Linsey. "The ‘Conchie Corps’: Conflict, Compromise and Conscientious Objection in the British Army, 1940–1945." Twentieth Century British History 29.3 (2018): 411-434. online
  • Tinnelly CM, Joseph T. "The Conscientious Objector Under the Selective Service Act of 1940." St. John's Law Review 15.2 (2013): 6+ online.

Primary sources

  • Bennett, Scott H. (2005). Army GI, Pacifist CO: The World War II Letters of Frank and Albert Dietrich (Fordham Univ. Press).
  • McNair, Donald (2008) A Pacifist at War: Military Memoirs of a Conscientious Objector in Palestine 1917–1918 Anastasia Press, Much Hadham ISBN 978-0-9536396-1-8
  • Mock, Melanie Springer (2003). Writing Peace: The Unheard Voices of Great War Mennonite Objectors, Cascadia Publishing House. ISBN 1-931038-09-0
  • U.S. Selective Service, "Conscientious Objection and Alternative Service: Who Qualifies 2017-04-27 at the Wayback Machine"

Further viewing

  • Rick Tejada-Flores, Judith Ehrlich (2000), "The good war and those who refused to fight it"; Paradigm Productions in association with the Independent Television Service, aired on PBS.
  • Catherine Ryan, Gary Weimberg (2008), "Soldiers of Conscience"; Luna Productions. Aired on the PBS nonfiction series POV.
  • Molly Stuart, Amitai Ben-Abba (2019), "Objector"; Java Films. A documentary about Israeli conscientious objector Atalya Ben-Abba, premiered at IDFA. – "Objector". IMDb. 2019. Retrieved 2 October 2021.

External links

 
Wikisource has original text related to this article:
Manifesto Against Conscription and the Military System
 
Wikiquote has quotations related to Conscientious objector.
  • Schleif, Luke: Conscientious Objectors, in: 1914-1918-online. International Encyclopedia of the First World War.
  • Patterson, David S.: Pacifism, in: 1914-1918-online. International Encyclopedia of the First World War.
  • Alternative Service in the Second World War: Conscientious Objectors in Canada 1939–1945
  • "Making a Choice: Conscientious Objection or Refusing to Register" (Resisters.info)
  • The European Bureau for Conscientious Objection
  • : conscientious objection and human rights in World War I. Peace Pledge Union, 2006.
  • Watch His Conscience: A Short History Of The Conscientious Objector. By Michael D. Peabody
  • Catholic Peace Fellowship
  • The Right to Refuse to Bear Arms – the most authoritative recent world survey on provisions for conscientious objection to military service, by War Resisters' International
  • "Hacksaw Ridge" A film about conscientious objector, Desmond T.Doss who received 'Medal of Honor' in WW2.
  • Objector – a 2019 documentary about Israeli conscientious objector Atalya Ben-Abba.

April 25, 2023
conscientious, objector, this, article, about, freedom, conscience, military, conscientious, objection, medicine, conscience, clause, medicine, united, states, conscientious, objection, abortion, documentary, film, about, desmond, doss, conscientious, objector. This article is about freedom of conscience in the military For conscientious objection in medicine see Conscience clause in medicine in the United States and Conscientious objection to abortion For the documentary film about Desmond Doss see The Conscientious Objector Objector redirects here For the 1966 Australian television play see Objector Australian Playhouse A conscientious objector often shortened to conchie 1 is an individual who has claimed the right to refuse to perform military service 2 on the grounds of freedom of thought conscience or religion 3 The term has also been extended to objecting to working for the military industrial complex due to a crisis of conscience 4 In some countries conscientious objectors are assigned to an alternative civilian service as a substitute for conscription or military service A number of organizations around the world celebrate the principle on May 15 as International Conscientious Objection Day 5 On March 8 1995 the United Nations Commission on Human Rights resolution 1995 83 stated that persons performing military service should not be excluded from the right to have conscientious objections to military service 6 This was re affirmed on April 22 1998 when resolution 1998 77 recognized that persons already performing military service may develop conscientious objections 7 8 9 10 Contents 1 History 2 International law 2 1 Universal Declaration of Human Rights 2 2 Handbook on Procedures and Criteria for Determining Refugee Status 3 Selective conscientious objection 4 Religious motives 5 Alternatives for objectors 6 Conscientious objection around the world 6 1 Belgium 6 2 Canada 6 3 Colombia 6 4 Czechoslovakia 6 5 Denmark 6 6 Eritrea 6 7 Finland 6 8 France 6 9 Germany 6 9 1 Nazi Germany 6 9 2 East Germany 6 9 3 West Germany and reunified Germany 6 10 Hungary 6 11 Israel 6 12 Italy 6 13 Marshall Islands 6 14 The Netherlands 6 15 New Zealand 6 16 Romania 6 17 Russia 6 18 South Africa 6 19 South Korea 6 20 Spain 6 21 Taiwan 6 22 Turkey 6 23 United Kingdom 6 24 United States 6 25 Other countries 7 Conscientious objection in professional forces 8 See also 9 References 10 Further reading 10 1 Primary sources 11 Further viewing 12 External linksHistory EditFurther information Anti war movement The Deserter by Boardman Robinson The Masses 1916 Many conscientious objectors have been executed imprisoned or otherwise penalized when their beliefs led to actions conflicting with their society s legal system or government The legal definition and status of conscientious objection has varied over the years and from nation to nation Religious beliefs were a starting point in many nations for legally granting conscientious objector status The first recorded conscientious objector Maximilianus was conscripted into the Roman Army in the year 295 but told the Proconsul in Numidia that because of his religious convictions he could not serve in the military He was executed for this and was later canonized as Saint Maximilian 11 An early recognition of conscientious objection was granted by William the Silent to the Dutch Mennonites in 1575 They could refuse military service in exchange for a monetary payment 12 Formal legislation to exempt objectors from fighting was first granted in mid 18th century Great Britain following problems with attempting to force Quakers into military service In 1757 when the first attempt was made to establish a British Militia as a professional national military reserve a clause in the Militia Ballot Act allowed Quakers exemption from military service 13 In the United States conscientious objection was permitted from the country s founding although regulation was left to individual states prior to the introduction of conscription 12 International law EditUniversal Declaration of Human Rights Edit In 1948 the issue of the right to conscience was dealt with by the United Nations General Assembly in Article 18 of the Universal Declaration of Human Rights It reads Everyone has the right to freedom of thought conscience and religion this right includes freedom to change his religion or belief and freedom either alone or in community with others and in public or private to manifest his religion or belief in teaching practice worship and observance The proclamation was ratified during the General Assembly on 10 December 1948 by a vote of 48 in favour 0 against with 8 abstentions 14 Refusing to serve in the Vietnam War boxer Muhammad Ali stated I ain t got no quarrel with them Viet Cong They never called me nigger in 1966 In 1974 the Assistant Secretary General of the United Nations Sean MacBride said in his Nobel Lecture To the rights enshrined in the Universal Declaration of Human Rights one more might with relevance be added It is The Right to Refuse to Kill 15 In 1976 the International Covenant on Civil and Political Rights entered into force It was based on the Universal Declaration of Human Rights and was originally created in 1966 Nations that have signed this treaty are bound by it Its Article 18 begins Everyone shall have the right to freedom of thought conscience and religion 16 However the International Covenant on Civil and Political Rights left the issue of conscientious objection inexplicit as in this quote from War Resisters International Article 18 of the Covenant does put some limits on the right to freedom of thought conscience and religion stating that its manifestations must not infringe on public safety order health or morals Some states argue that such limitations on the right to freedom of thought conscience and religion would derivatively permit them to make conscientious objection during time of war a threat to public safety or mass conscientious objection a disruption to public order Some states even argue that it is a moral duty to serve the state in its military 17 On July 30 1993 explicit clarification of the International Covenant on Civil and Political Rights Article 18 was made in the United Nations Human Rights Committee general comment 22 Paragraph 11 The Covenant does not explicitly refer to a right to conscientious objection but the Committee believes that such a right can be derived from article 18 inasmuch as the obligation to use lethal force may seriously conflict with the freedom of conscience and the right to manifest one s religion or belief 18 In 2006 the committee has found for the first time a right to conscientious objection under article 18 although not unanimously 19 In 1997 an announcement of Amnesty International s forthcoming campaign and briefing for the UN Commission on Human Rights included this quote The right to conscientious objection to military service is not a marginal concern outside the mainstream of international human rights protection and promotion 20 In 1998 the Human Rights Commission reiterated previous statements and added states should refrain from subjecting conscientious objectors to repeated punishment for failure to perform military service 21 It also encouraged states to consider granting asylum to those conscientious objectors compelled to leave their country of origin because they fear persecution owing to their refusal to perform military service 10 22 In 2001 Charter of Fundamental Rights of the European Union recognised the right to conscientious objection 23 Handbook on Procedures and Criteria for Determining Refugee Status Edit The Handbook on Procedures and Criteria for Determining Refugee Status the Handbook of the Office of the United Nations High Commissioner for Refugees UNHCR states 171 Not every conviction genuine though it may be will constitute a sufficient reason for claiming refugee status after desertion or draft evasion It is not enough for a person to be in disagreement with his government regarding the political justification for a particular military action Where however the type of military action with which an individual does not wish to be associated is condemned by the international community as contrary to basic rules of human conduct punishment for desertion or draft evasion could in the light of all other requirements of the definition in itself be regarded as persecution 24 Selective conscientious objection EditAir Commodore Lionel Charlton of the British Royal Air Force RAF served in the military from 1898 to 1928 In 1923 he selectively refused to serve in the RAF Iraq Command He later went on to serve as Air Officer Commanding No 3 Group 25 On June 4 1967 John Courtney Murray an American Jesuit priest and theologian delivered an address at Western Maryland College concerning a more specific type of conscientious objection the issue of selective conscientious objection conscientious objection to particular wars or as it is sometimes called discretionary armed service 26 On March 8 1971 the Supreme Court of the United States ruled in the case of Gillette v United States that the exemption for those who oppose participation in war in any form applies to those who oppose participating in all war and not to those who object to participation in a particular war only 27 On September 24 2003 in Israel 27 reserve pilots and former pilots refused to serve in only specific missions These specific missions included civilian population centers in the occupied territories These pilots clarified We shall continue to serve in the Israel Defense Forces and the Air Force for every mission in defense of the state of Israel 28 29 On May 25 2005 journalist Jack Random wrote the following The case of Sergeant Kevin Benderman Iraq War Resister raises the burning issue of selective conscientious objection While it is universally accepted that an individual cannot be compelled against conscience to war in general does the same hold for an individual who objects in the depths of the soul to a particular war 30 Religious motives EditMain articles List of pacifist faiths and Freedom of religion Cases of behavior which could be considered as religiously motivated conscientious objection are historically attested long before the modern term appeared For example the Medieval Orkneyinga Saga mentions that Magnus Erlendsson Earl of Orkney the future Saint Magnus had a reputation for piety and gentleness and because of his religious convictions refused to fight in a Viking raid on Anglesey Wales instead staying on board his ship singing psalms The reasons for refusing to perform military service are varied Many conscientious objectors cite religious reasons Unitarian Universalists object to war in their sixth principle The goal of world community with peace liberty and justice for all Members of the Historic Peace Churches such as Quakers Anabaptists Mennonites Amish Old Order Mennonite Conservative Mennonites the Bruderhof Communities 31 and Church of the Brethren as well as Holiness Pacifists such as the Reformed Free Methodist Church Emmanuel Association of Churches the Immanuel Missionary Church and Church of God Guthrie Oklahoma object to war from the conviction that Christian life is incompatible with military action because Jesus enjoins his followers to love their enemies and to refuse violence 32 33 The Book of Discipline of the Reformed Free Methodist Church teaches 33 Militarism is contrary to the spirit of the New Testament and the teachings of Jesus Christ Even from humanitarian principles alone it is utterly indefensible It is our profound and God given conviction that none of our people be required to participate in war of any form and that these God given convictions of our members be respected 33 Since the American Civil War Seventh day Adventists have been known as non combatants and have done work in hospitals or to give medical care rather than combat roles and the church has upheld the non combative position 34 Jehovah s Witnesses and Christadelphians refuse to participate in the armed services on the grounds that they believe they should be neutral in worldly conflicts and often cite the latter portion of Isaiah 2 4 which states neither shall they learn war anymore Other objections can stem from a deep sense of responsibility toward humanity as a whole or from simple denial that any government possesses the moral authority to command warlike behavior from its citizens The varied experiences of non combatants are illustrated by those of Seventh day Adventists when there was mandatory military service Many Seventh day Adventists refuse to enter the army as combatants but participate as medics ambulance drivers etc During World War II in Germany many SDA conscientious objectors were sent to concentration camps or mental institutions some were executed Some Seventh day Adventists volunteered for the US Army s Operation Whitecoat participating in research to help others The Church preferred to call them conscientious participants because they were willing to risk their lives as test subjects in potentially life threatening research Over 2 200 Seventh day Adventists volunteered in experiments involving various infectious agents during the 1950s through the 1970s in Fort Detrick MD 35 Earlier a schism arose during and after World War I between Seventh day Adventists in Germany who agreed to serve in the military if conscripted and those who rejected all participation in warfare the latter group eventually forming a separate church the Seventh Day Adventist Reform Movement 36 Blessed are the Peacemakers 1917 by George Bellows In the early Christian Church followers of Christ refused to take up arms In as much as they Jesus teachings ruled out as illicit all use of violence and injury against others clearly implied was the illegitimacy of participation in war The early Christians took Jesus at his word and understood his inculcations of gentleness and non resistance in their literal sense They closely identified their religion with peace they strongly condemned war for the bloodshed which it involved C John Cadoux 1919 The Early Christian Attitude to War After the Roman Empire officially embraced Christianity the just war theology was developed in order to reconcile warfare with Christian belief After Theodosius I made Christianity an official religion of the Empire this position slowly developed into the official position of the Western Church In the 11th century there was a further shift of opinion in the Latin Christian tradition with the crusades strengthening the idea and acceptability of holy war Objectors became a minority Some theologians see the Constantinian shift and the loss of Christian pacifism as the great failing of the Church Ben Salmon was a Catholic conscientious objector during World War I and outspoken critic of Just War theology The Catholic Church denounced him and The New York Times described him as a spy suspect The US military in which he was never inducted charged him with desertion and spreading propaganda then sentenced him to death this was later revised to 25 years hard labor 37 On June 5 1917 Salmon wrote in a letter to President Wilson Regardless of nationality all men are brothers God is our Father who art in heaven The commandment Thou shalt not kill is unconditional and inexorable The lowly Nazarene taught us the doctrine of non resistance and so convinced was he of the soundness of that doctrine that he sealed his belief with death on the cross When human law conflicts with Divine law my duty is clear Conscience my infallible guide impels me to tell you that prison death or both are infinitely preferable to joining any branch of the Army 38 Because of their conscientious objection to participation in military service whether armed or unarmed Jehovah s Witnesses have often faced imprisonment or other penalties In Greece for example before the introduction of alternative civilian service in 1997 hundreds of Witnesses were imprisoned some for three years or even more for their refusal In Armenia young Jehovah s Witnesses were imprisoned because of their conscientious objection to military service this was discontinued in November 2013 39 The government of South Korea also imprisons hundreds for refusing the draft In Switzerland virtually every Jehovah s Witness is exempted from military service For believers in Indian religions the opposition to warfare may be based on either the general idea of ahimsa nonviolence or on an explicit prohibition of violence by their religion e g for a Buddhist one of the five precepts is Panatipata veramaṇi sikkhapadam samadiyami or I undertake the precept to refrain from destroying living creatures which is in obvious opposition to the practice of warfare The 14th Dalai Lama has stated that war should be relegated to the dustbin of history On the other hand many Buddhist sects especially in Japan have been thoroughly militarized warrior monks yamabushi or sōhei participating in the civil wars Hindu beliefs do not go against the concept of war as seen in the Gita Both Sikhs and Hindus believe war should be a last resort and should be fought to sustain life and morality in society Followers of the Bahaʼi Faith are advised to do social service instead of active army service but when this is not possible because of obligations in certain countries the Bahaʼi laws include loyalty to one s government and the individual should perform the army service 40 41 Some practitioners of pagan religions particularly Wicca may object on the grounds of the Wiccan rede which states An it harm none do what ye will or variations The threefold law may also be grounds for objection A notable example of a conscientious objector was the Austrian devout Roman Catholic Christian Franz Jagerstatter who was executed on August 9 1943 for openly refusing to serve in the Nazi Wehrmacht consciously accepting the penalty of death He was declared Blessed by Pope Benedict XVI in 2007 for dying for his beliefs and is viewed as a symbol of self sacrificing resistance Alternatives for objectors EditSome conscientious objectors are unwilling to serve the military in any capacity while others accept noncombatant roles While conscientious objection is usually the refusal to collaborate with military organizations as a combatant in war or in any supportive role some advocate compromising forms of conscientious objection One compromising form is to accept non combatant roles during conscription or military service Alternatives to military or civilian service include serving an imprisonment or other punishment for refusing conscription falsely claiming unfitness for duty by feigning an allergy or a heart condition delaying conscription until the maximum drafting age or seeking refuge in a country which does not extradite those wanted for military conscription Avoiding military service is sometimes labeled draft dodging particularly if the goal is accomplished through dishonesty or evasive maneuvers However many people who support conscription will distinguish between bona fide conscientious objection and draft dodging which they view as evasion of military service without a valid excuse Conservative Mennonites do not object to serving their country in peaceful alternatives alternative service such as hospital work farming forestry road construction and similar occupations Their objection is in being part in any military capacity whether noncombatant or regular service During World War II and the Korean Vietnam war eras they served in many such capacities in alternative I W service programs initially through the Mennonite Central Committee and now through their own alternatives Despite the fact that international institutions such as the United Nations UN and the Council of Europe CoE regard and promote conscientious objection as a human right 42 as of 2004 update it still does not have a legal basis in most countries Among the roughly one hundred countries that have conscription only thirty countries have some legal provisions 25 of them in Europe In Europe most countries with conscription more or less fulfill international guidelines on conscientious objection legislation except for Greece Cyprus Turkey Finland and Russia today In many countries outside Europe especially in armed conflict areas e g Democratic Republic of the Congo conscientious objection is punished severely In 1991 The Peace Abbey established the National Registry for Conscientious Objection where people can publicly state their refusal to participate in armed conflict Conscientious objection around the world EditBelgium Edit Conscription was mandatory to all able bodied Belgian males until 1994 when it was suspended Civilian service was possible since 1963 Objectors could apply for the status of conscience objector When granted they did an alternative service with the civil service or with a socio cultural organisation The former would last 1 5 times as long as the shortest military service the latter twice as long After their service objectors are not allowed to take jobs that require them to carry weapons such as police jobs until the age of 42 Since conscription was suspended in 1994 and military service is voluntary the status of conscience objector can not be granted anymore in Belgium Canada Edit See also Canada and Iraq War resisters and War Resisters Support Campaign Mennonites and other similar peace churches in Canada were automatically exempt from any type of service during Canada s involvement in World War I by provisions of the Order in Council of 1873 yet initially many were imprisoned until the matter was again resettled With pressure of public opinion the Canadian government barred entry of additional Mennonite and Hutterite immigrants rescinding the privileges of the Order in Council 43 During Canada s involvement in World War II Canadian conscientious objectors were given the options of noncombatant military service serving in the medical or dental corps under military control or working in parks and on roads under civilian supervision Over 95 chose the latter and were placed in Alternative Service camps 44 45 Initially the men worked on road building forestry and firefighting projects After May 1943 as the labour shortage developed within the nation and another Conscription Crisis burgeoned men were shifted into agriculture education and industry The 10 700 Canadian objectors were mostly Mennonites 63 and Dukhobors 20 46 Colombia Edit Conscientious objection is recognised in Colombia 47 Czechoslovakia Edit In Czechoslovakia those not willing to enter mandatory military service could avoid it by signing a contract for work lasting years in unattractive occupations such as mining Those who didn t sign were imprisoned Both numbers were tiny After the communist party lost its power in 1989 alternative civil service was established As of 2006 both the Czech Republic and Slovakia have abolished conscription Denmark Edit Any male getting drafted but unwilling to serve has the possibility to avoid military service by instead serving community service for the duration of the conscription Eritrea Edit There is no right to conscientious objection to military service in Eritrea which is of an indefinite length and those who refuse the draft are imprisoned Some Jehovah s Witness conscientious objectors have been in jail since 1994 48 Finland Edit See also Siviilipalvelus Finland introduced conscription in 1881 but its enforcement was suspended in 1903 as part of Russification During the Finnish Civil War in 1918 conscription was reintroduced for all able bodied men In 1922 the option of noncombatant military service was introduced but service in the military remained compulsory on pain of imprisonment After the struggle of pacifist Arndt Pekurinen a law was passed providing for a peacetime only alternative to military service or civilian service Finnish siviilipalvelus The law was dubbed Lex Pekurinen after him During the Winter War Pekurinen and other conscientious objectors were imprisoned and Pekurinen was eventually executed at the front in 1941 during the Continuation War After the war a conscientious objector s civilian service lasted 16 months whereas military service was 8 months at its shortest To qualify for civilian service an objector had to explain his conviction before a board of inspection that included military officers and clergymen In 1987 the duration of the service was shortened to 13 months and the board of inspection was abolished In 2008 the term was further shortened to 12 months to match the duration of the longest military service that of officer trainees and technical crew Today a person subject to conscription may apply for civilian service at any time before or during his military service and the application is accepted as a matter of course A female performing voluntary military service can quit her service anytime during the first 45 days however if she wants to quit after those 45 days she would be treated like a male and assigned to civilian service Persons who have completed their civilian service during peacetime have according to the legislation enacted in 2008 the right to serve in non military duties also during a crisis situation They may be called to serve in various duties with the rescue services or other necessary work of a non military nature Persons who declare themselves to be conscientious objectors only after a crisis has started must however prove their conviction before a special board Before the new legislation the right to conscientious objection was acknowledged only in peacetime The changes to the service term and to the legal status of objectors during a crisis situation were made as a response to human rights concerns voiced by several international bodies 49 50 who are overseeing the implementation of human rights agreements These organisations had demanded Finland to take measures to improve its legislation concerning conscientious objectors which they considered discriminatory None of these organisations have yet raised concerns on the current legislation There are a small number of total objectors who refuse even civilian service and are imprisoned for six months This is not registered into the person s criminal record France Edit Stamp created by the Centre de defense des objecteurs de conscience around 1936 The creation of a legal status for conscientious objectors in France was the subject of a long struggle involving for instance or the much publicised trials of Protestant activists Jacques Martin Philippe Vernier and Camille Rombault in 1932 1933 51 or the hunger strike of anarchist Louis Lecoin in 1962 The legal status law was passed in December 1963 43 years and many prison sentences after the first requests In 1983 a new law passed by socialist Interior Minister Pierre Joxe considerably improved this status simplifying the conditions under which the status would be granted Conscientious objectors were then free to choose an activity in the social realm where they would spend their civil service time However in order to avoid too many applications for civil service at the expense of the military the duration of the civil service is however kept twice as long as the military service The effect of these laws was suspended in 2001 when compulsory military service was abolished in France The special prison at Strasbourg for Jehovah s Witnesses who refuse to join any military was also abolished Since 1986 the associations defending conscientious objection in France have chosen to celebrate their cause on 15 May 52 Germany Edit Main article Conscription in Germany Nazi Germany Edit In Nazi Germany conscientious objection was not recognized in the law In theory objectors would be drafted and then court martialled for desertion The practice was even harsher going beyond the letter of an already extremely flexible law conscientious objection was considered subversion of military strength a crime normally punished with death On September 15 1939 August Dickmann a Jehovah s Witness and the first conscientious objector of the war to be executed died by a firing squad at the Sachsenhausen concentration camp 53 Among others Franz Jagerstatter was executed after his conscientious objection on the grounds that he could not fight in the forces of the evil side East Germany Edit Main article Conscientious objection in East Germany After World War II in East Germany there was no official right to conscientious objection Nevertheless and uniquely among the Eastern bloc objections were accepted and the objectors assigned to construction units They were however part of the military so that a fully civilian alternative did not exist Also construction soldiers were discriminated against in their later professional life 54 55 West Germany and reunified Germany Edit According to Article 4 3 of the German constitution No person may be forced against their conscience to perform armed military service Details shall be regulated by a federal law According to Article 12a a law may be passed to require every male from the age of 18 to military service called Wehrdienst also a law can require conscientious objectors to perform non military service instead called Wehrersatzdienst literally military replacement service or colloquially Zivildienst These laws were applicable and demanded compulsory service in the German armed forces German Bundeswehr until the abolition of draft in 2011 Initially each conscientious objector had to appear in person to a panel hearing at the draft office or contest a negative decision at the administrative court The suspension of the procedure 1977 allowing to object with a post card was ruled unconstitutional in 1978 Beginning in 1983 competence was shifted to the Kreiswehrersatzamt district military replacement office which had discretion to either approve or reject a conscientious objection which had to consist of a detailed written statement by an applicant giving reasons as to why the applicant was conscientiously objecting This was generally just a formality and objections were not often rejected In later years in particular however with the rise of the Internet conscientious objections fell into disrepute because of the ease of being able to simply download existing example objections It earned some conscientious objections the suspicion of an applicant simply attempting an easy way out of military service On the other hand certain organizations within the German peace movement had been offering pamphlets for decades giving suggestions to applicants as to the proper wording and structure of an objection which would have the greatest chances of success Following a 1985 Federal Constitution Court decision Wehrersatzdienst could be no simple choice of convenience for an applicant but he had to cite veritable conflict of conscience which made him unable to perform any kind of military service at all If there was doubt about the true nature of an objector s application he could be summoned to appear before a panel at the Kreiswehrersatzamt to explain his reasons in person An approved conscientious objection in any case then meant that an applicant was required by law to perform Wehrersatzdienst Complete objection both to military and replacement service was known as Totalverweigerung it was illegal and could be punished with a fine or a suspended custodial sentence Nearly the only legal way to get both out of military service and replacement service was to be deemed physically unfit for military service Both men who entered military service and those who wanted to go into replacement service had to pass a military physical examination at the military replacement office Five categories levels of physical fitness or Tauglichkeitsstufen existed Tauglichkeitsstufe 5 in short T5 meant that a person was rejected for military service and thus also did not need to enter replacement service T5 status was usually only granted if a person had physical or mental disabilities or was otherwise significantly impaired such as due to very poor eyesight or debilitating chronic illnesses However in the last years of the draft T5 was increasingly given to potential recruits with only minor physical or mental handicaps Another way to get out of service completely was the two brothers rule which stated that if two older brothers had already served in the military any following male children of a family were exempt from service Due to West Berlin s special status between the end of the Second World War and 1990 as a city governed by foreign military powers draft did not apply within its borders This made Berlin a safe haven for many young people who chose to move to the city to prevent criminal court repercussions for Totalverweigerung As Totalverweigerer were often part of the far left political spectrum this was one factor which spawned a politically active left wing and left wing radical scene in the city Wehrersatzdienst was for a long time considerably longer than military service by up to a third even when the duration of service was gradually reduced following reunification and the end of the Cold War This was held by some as a violation of constitutional principles but was upheld in several court decisions based on the reasoning that former service personnel could be redrafted for military exercises called Wehrubungen while somebody who had served out his replacement service could not Moreover work conditions under military service typically involved more hardship and inconvenience than Wehrersatzdienst In 2004 military service and Wehrersatzdienst were then made to last equal lengths of time Military service and draft were controversial during much of their existence Reasons included the consideration that Germans could be made to fight against their fellow Germans in East Germany Moreover draft only applied to men which was seen as gender based discrimination by some but was often countered by the argument that women usually gave up their careers either temporarily or permanently to raise their children With the end of the Cold War and the German military s primary purpose of defending its home territory increasingly looking doubtful draft also began to become more arbitrary as only certain portions of a particular birth year were drafted usually those in very healthy physical condition while others weren t This was seen as a problem of Wehrgerechtigkeit or equal justice of military service Then German President Roman Herzog said in a 1994 speech which was frequently cited as an argument for draft abolition that only the necessity for national defense not any other arguments can justify draft On the other hand this logic tended to not be extended to men serving Wehrersatzdienst as they usually worked in fields of public health elderly care medical assistance or assistance for the disabled Their relatively low paid work was seen as an ever more important backbone of a health sector which was grappling with rapidly increasing costs of care In 2011 the mandatory draft was abolished in Germany mainly due to a perceived lack of aforementioned necessity The Bundeswehr now solely relies on service members who deliberately choose it as a career path Neither Article 12a establishing the possibility of draft nor Article 4 3 permitting conscientious objection have been removed from the German Constitution In theory this makes a full reversion to draft and Wehrersatzdienst possible if it is thought to be necessary Hungary Edit Conscription was suspended in Hungary in 2004 Before being drafted anyone can apply for the status of conscientious objector and fulfil his duties in unarmed military service or civilian service Israel Edit Main article Refusal to serve in the IDF All Israeli citizens and permanent residents are liable to military service However the Ministry of Defense has used its discretion under article 36 of this law to automatically exempt all non Jewish women and all Arab men except for the Druze from military service ever since Israel was established Israeli Arabs may volunteer to perform military service but very few do so except among the Bedouin population of Israel 56 In discussing the status of the armed forces shortly after the founding of the State of Israel representatives of orthodox religious parties argued that yeshiva students should be exempt from military service This derives from the Jewish tradition that if a man wants to dedicate his life to religious study society must allow him to do so The request of orthodox political parties to prevent neglect of studying the Torah was granted by the authorities But in recent years this exemption practice has become the subject of debate in Israeli society as the absolute and the relative numbers of the men who received this exemption rose sharply 57 In 2012 the Israeli Supreme Court ruled in the case of Ressler et al v The Knesset et al 58 that the blanket exemption granted to ultra Orthodox yeshiva students was ultra vires the authority of the Minister of Defence and that it violated Basic Law Human Dignity and Liberty and was therefore unconstitutional As for conscientious objection in 2002 in the case of David Zonschein et al v Military Advocate General et al 58 the Supreme Court reiterated its position that selective conscientious objection was not permitted adding that conscientious objection could only be recognized in cases of general objection to military service Women can claim exemption from military service on grounds of conscience under arts 39 c and 40 of the Defense Service Law according to which religious reasons can be grounds for exemption 56 Italy Edit Until 2004 conscription was mandatory to all able bodied Italian males Those who were born in the last months of the year typically used to serve in the Navy unless judged unable for ship service in this case they could be sent back to Army or Air Force Until 1972 objectors were considered as traitors and tried by a military tribunal after 1972 objectors could choose an alternative civilian service which was eight months longer than standard military service fifteen months then twelve as for Army and Air Force 24 months then eighteen then twelve as for the Navy citation needed Since such length was judged too punitive an arrangement was made to make the civilian service as long as the military service Since 2004 Italian males no longer need to object because military service has been turned into volunteer for both males and females Marshall Islands Edit In the Republic of the Marshall Islands no person can be conscripted if after being afforded a reasonable opportunity to do so he has established that he is a conscientious objector to participation in war Marshall Islands Constitution Article II Section 11 The Netherlands EditConscription was mandatory to all able bodied Dutch males until May 1 1997 when it was suspended The Law on conscientious objections military services 59 is active since 27 September 1962 Objectors have to work a third time longer in civil service than is normal for military service The civil service have to be provided by government services or by institutions designated for employment of conscientious objectors designated by the Secretary of Social Affairs and Employment who work in the public interest Waikeria Prison for WW1 objectors c 1923 New Zealand Edit In 1916 conscription was introduced in New Zealand with only Quakers Christadelphians and Seventh day Adventists having automatic exemption from the conscription 60 During the First World War between 1 500 and 2 000 objectors and defaulters were convicted or came under state control for their opposition to war At least 64 of these were still at Waikeria Prison on 5 March 1919 some of whom had gone on hunger strike in protest Also during the First World War fourteen objectors including Archibald Baxter were forcibly sent to the front lines and were subject to Field Punishment No 1 which involved being tethered tightly by the wrists to a sloping pole to ensure their bodies hung with their hands taking all their weight 61 During World War Two conscription was re introduced in 1940 and 5000 men applied for an exemption on the grounds of conscientious objection 60 Of these 800 were imprisoned for the length of the war and were barred from voting for ten years when they were released following the end of the war 60 In the contemporary setting there is no statute or case law which deal with conscientious objection 62 But the OHCHR believes that the Bill of Rights Act 1990 and the ratification of Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights creates a legal framework which enables conscientious objection 62 Romania Edit In Romania as of 23 October 2006 conscription was suspended therefore the status of conscience objector does not apply 63 This came about due to a 2003 constitutional amendment which allowed the parliament to make military service optional The Romanian Parliament voted to abolish conscription in October 2005 with the vote formalizing one of many military modernization and reform programs that Romania agreed to when it joined NATO Russia Edit Main article Conscription in Russia The Russian Empire allowed Russian Mennonites to run and maintain forestry service units in South Russia in lieu of their military obligation The program was under church control from 1881 through 1918 reaching a peak of seven thousand conscientious objectors during World War I An additional five thousand Mennonites formed complete hospital units and transported wounded from the battlefield to Moscow and Ekaterinoslav hospitals 64 After the Russian Revolution of 1917 Leon Trotsky issued a decree allowing alternative service for religious objectors whose sincerity was determined upon examination 65 Vladimir Chertkov a follower of Leo Tolstoy chaired the United Council of Religious Fellowships and Groups which successfully freed 8000 conscientious objectors from military service during the Russian Civil War The law was not applied uniformly and hundreds of objectors were imprisoned and over 200 were executed citation needed The United Council was forced to cease activity in December 1920 but alternative service was available under the New Economic Policy until it was abolished in 1936 66 Unlike the earlier forestry and hospital service later conscientious objectors were classified enemies of the people and their alternative service was performed in remote areas in a gulag like environment in order to break their resistance and encourage enlistment 67 In the present day when Russian draft legislation allows people to choose an alternative civilian service for religious or ideological reasons Most objectors are employed in healthcare construction forestry and post industries serving 18 to 21 months South Africa Edit Main articles South African resistance to war and End Conscription Campaign During the 1980s hundreds 68 of South African white males dodged the draft refused the call up or objected to conscription in the South African Defence Force Some simply deserted or joined organisations such as the End Conscription Campaign an anti war movement banned in 1988 while others fled into exile and joined the Committee on South African War Resistance Most lived in a state of internal exile forced to go underground within the borders of the country until a moratorium on conscription was declared in 1993 Opposition to the Angolan War was rife in English speaking campuses and later the war in the townships became the focus of these groupings South Korea Edit See also Conscientious objection in South Korea The terminology conscientious objector technically has not existed in Korean dictionary until recently In fact significant majority of Korean citizens simply associate conscientious objectors with draft dodging and are unaware of the fact that conscientious objector draftees in other westernized countries are required to serve in alternative services Since the establishment of the Republic of Korea thousands of conscientious objectors had no choice but to be imprisoned as criminals Every year about 500 young men mostly Jehovah s Witnesses 69 are arrested for refusing the draft 70 South Korea s stance has drawn criticism from The U N Human Rights Committee which argues that South Korea is violating article 18 of the ICCPR which guarantees freedom of thought and conscience In 2006 2010 and again in 2011 the U N Human Rights Committee after reviewing petitions from South Korean conscientious objectors declared that the government was violating Article 18 of the ICCPR the provision that guarantees the right to freedom of thought conscience and religion 71 The government s National Action Plan NAP for the Promotion and Protection of Human Rights has not shown a clear stance on the pressing human rights issues such as among other things the rights of conscientious objectors to military service 72 In September 2007 the government announced a program to give conscientious objectors an opportunity to participate in alternative civilian service 73 The program stipulates three years of civilian service that is not connected with the military in any way However that program has been postponed indefinitely after the succeeding administration took office in 2008 71 The government argues that introducing an alternative service would jeopardize national security and undermine social equality and cohesion This is amid an increasing number of countries which retain compulsory service have introduced alternatives In addition some countries including those with national security concerns have shown that alternative service can be successfully implemented 71 On January 15 2009 the Korean Presidential Commission on Suspicious Deaths in the Military released its decision acknowledging that the government was responsible for the deaths of five young men who were Jehovah s Witnesses and had forcibly been conscripted into the army The deaths resulted from the state s anti human rights violence and its acts of brutality during the 1970s that continued into the mid 1980s This decision is significant since it is the first one recognizing the state s responsibility for deaths resulting from violence within the military 74 75 According to the commission s decision the beatings and acts of brutality committed against them by military officials were attempts to compel and coerce them to act against their conscience religion and were unconstitutional anti human rights acts that infringed severely upon the freedom of conscience religion guaranteed in the Constitution 74 The records of conscientious objectors to military service are kept by a governmental investigative body as criminal files for five years As a consequence conscientious objectors are not allowed to enter a government office and apply for any type of national certification exam It is also very unlikely that they will be employed by any company that inquires about criminal records 76 Conscientious objectors often spend the rest of their lives tainted by their decision Criminal records from draft dodging make it difficult for objectors to find good jobs and the issue of army service is often raised by potential employers during job interviews 70 From 2000 to 2008 Korean Military Manpower Administration said that at least 4 958 men have objected to service in the military because of religious beliefs Among those 4 925 were Jehovah s Witnesses 3 were Buddhists and the other 30 refused the mandatory service because of conscientious objections other than religious reasons 77 Since 1950 there have been more than 16 000 Jehovah s Witnesses sentenced to a combined total of 31 256 years for refusing to perform military service If alternative service is not provided some 500 to 900 young men will continue to be added each year to the list of conscientious objectors criminalized in Korea 78 In 2015 Lee Yeda was the first conscientious objector to be allowed to live in France via asylum 79 80 In June 2018 the Constitutional Court ruled 6 3 that Article 5 of the country s Military Service Act is unconstitutional because it fails to provide an alternative civilian national service for conscientious objectors As of 2018 update 19 300 South Korean conscientious objectors had gone to prison since 1953 The Defense Ministry said it would honor the ruling by introducing alternative services as soon as possible 81 On November 1 2018 the Supreme Court of Korea decided that conscientious objection is a valid reason to refuse mandatory military service and vacated and remanded the appellate court s decision finding a Jehovah s Witness guilty of the objection 82 Spain Edit Conscientious objection was not permitted in Francoist Spain 83 Conscientious objectors usually refused to serve on religious grounds such as being Jehovah s Witnesses and were placed in prison for the duration of their sentences The Spanish Constitution of 1978 acknowledged conscientious objectors 84 The Spanish parliament established a longer service Prestacion Social Sustitutoria as an alternative to the Army In spite of this a strong movement appeared that refused both services The Red Cross was the only important organisation employing objectors Because of this the waiting lists for the PSS were long especially in areas like Navarre where pacifism Basque nationalism and a low unemployment rate discouraged young males from the army original research Thousands of insumisos non submittants publicly refused the PSS and hundreds were imprisoned In addition a number of those in the military decided to refuse further duties A number of people not liable for military service made declarations of self incrimination stating that they had encouraged insumision 85 The government fearing popular reaction reduced the length of service and instead of sentencing insumisos to prison declared them unfit for public service Fronting the decreasing birth rate and the popular opposition to an army seen as a continuating institution of one of the pillars of the dictatorship s regime the Spanish government tried to modernise the model carried from the Franco era professionalizing it and thus bringing an end to conscription by the end of 2001 The new army tried to provide an education for civilian life and participated in peace operations in Bosnia See also Insubordinate movement in Spain Taiwan Edit There is the possibility of avoiding military service by instead serving civilian services for the duration of the conscription Turkey Edit The issue is highly controversial in Turkey Turkey and Azerbaijan are the only two countries refusing to recognize conscientious objection and sustain their membership in the Council of Europe In January 2006 the European Court of Human Rights ECHR found Turkey had violated article 3 of the European Convention on Human Rights prohibition of degrading treatment in a case dealing with the conscientious objection of Osman Murat Ulke 86 In 2005 Mehmet Tarhan was sentenced to four years in a military prison as a conscientious objector he was unexpectedly released in March 2006 Journalist Perihan Magden was tried by a Turkish court for supporting Tarhan and advocating conscientious objection as a human right but later she was acquitted As of March 2011 update there were 125 objectors including 25 female objectors in Turkey Another 256 people of Kurdish origin also had announced their conscientious objection to military service 87 Conscientious objector Inan Suver was named a prisoner of conscience by Amnesty International 88 On 14 November 2011 the Ministry of Justice announced a draft proposal to legalise conscientious objection in Turkey and that it was to take effect two weeks after approval by the President to the change 89 This decision to legalize by the Turkish government was because of pressure from the European Court of Human Rights The ECHR gave the Turkish government a deadline until the end of 2011 to legalize conscientious objection The draft was withdrawn afterwards A commission was founded within the National Assembly of the Republic to write a new constitution in 2012 The commission is still in negotiations on various articles and conscientious objection is one of the most controversial issues United Kingdom Edit Further information Conscription in the United Kingdom The United Kingdom recognised the right of individuals not to fight in the 18th century following major problems with attempting to force Quakers into military service The Militia Ballot Act of 1757 allowed Quakers to be excluded from service in the Militia It then ceased to be a major issue since Britain s armed forces were generally all volunteer However press gangs were used to strengthen army and navy rolls on occasions from the 16th to the early 19th centuries Pressed men did have the right of appeal in the case of sailors to the Admiralty The Royal Navy last took pressed men in the Napoleonic War Conscientious Objector memorial in Tavistock Square Gardens London dedicated on 15 May 1994 A more general right to refuse military service was not introduced until the First World War Britain introduced conscription with the Military Service Act of January 1916 which came into full effect on 2 March 1916 The Act allowed for objectors to be absolutely exempted to perform alternative civilian service or to serve as a non combatant in the army s Non Combatant Corps according to the extent to which they could convince a Military Service Tribunal of the quality of their objection 90 Around 16 000 men were recorded as conscientious objectors with Quakers traditionally pacifist forming a large proportion 4 500 objectors were exempted on condition of doing civilian work of national importance such as farming forestry or social service and 7 000 were conscripted into the specially created Non Combatant Corps However 6 000 were refused any exemption and forced into main army regiments if they then refused to obey orders they were court martialled and sent to prison Thus the well known pacifist and religious writer Stephen Henry Hobhouse was called up in 1916 he and many other Quaker activists took the unconditionalist stand refusing both military and alternative service and on enforced enlistment were court martialled and imprisoned for disobedience 91 Conscientious objectors formed only a tiny proportion of Military Service Tribunals cases over the whole conscription period estimated at around 2 92 Tribunals were notoriously harsh towards conscientious objectors reflecting widespread public opinion that they were lazy degenerate ungrateful shirkers seeking to benefit from the sacrifices of others 93 In an attempt to press the issue in May 1916 a group of thirty five objectors including the Richmond Sixteen were taken to France as conscripts and given military orders the disobedience of which would warrant the death penalty 94 These men known as The Frenchmen refused the four ringleaders were formally sentenced to death by court martial but immediately reprieved with commutation to ten years penal servitude 95 Although a few objectors were accepted for non combatant service in the Royal Army Medical Corps acting as nursing paramedic assistants the majority of non combatants served in the Non Combatant Corps on non lethal stores road and railway building and general labouring in the UK and France Conscientious objectors who were deemed not to have made any useful contribution to the state were formally disfranchised through a clause inserted in the Representation of the People Act 1918 at the insistence of back bench MPs for the five years 1 September 1921 31 August 1926 but as it was a last minute amendment there was no administrative machinery to enforce such disfranchisement which was admitted to be a dead letter 96 Britain s conscription legislation of 1916 did not apply to Ireland despite it being then all part of the United Kingdom However in 1918 the Army s continuing demand for more troops led to passing a further act enabling conscription in Ireland if and when the government saw fit In the event the government never saw fit although the legislation led to the Conscription Crisis of 1918 Similarly British conscription in the Second World War did not apply to Northern Ireland Nevertheless many Irishmen volunteered to fight in both world wars The various parts of the British Empire and Commonwealth had their own laws in general all the larger countries of the Empire participated and some were in proportion to their population major participants in the First World War In the Second World War following the National Service Armed Forces Act 1939 there were nearly 60 000 registered Conscientious Objectors Testing by tribunals resumed this time by special Conscientious Objection Tribunals chaired by a judge and the effects were much less harsh If you were not a member of the Quakers or some similar pacifist organisation it was generally enough to say that you objected to warfare as a means of settling international disputes a phrase from the Kellogg Briand Pact of 1928 The tribunals could grant full exemption exemption conditional on alternative service exemption only from combatant duties or dismiss the application Of the 61 000 who were registered 3 000 were given complete exemption 18 000 applications were initially dismissed but a number of such applicants succeeded at the Appellate Tribunal sometimes after a qualifying sentence of three months imprisonment for an offence deemed to have been committed on grounds of conscience Of those directed to non combatant military service almost 7 000 were allocated to the Non Combatant Corps re activated in mid 1940 its companies worked in clothing and food stores in transport or any military project not requiring the handling of material of an aggressive nature In November 1940 it was decided to allow troops in the NCC to volunteer for work in bomb disposal 97 In total over 350 volunteered 97 Other non combatants worked in the Royal Army Medical Corps For conscientious objectors exempted conditional upon performing civil work acceptable occupations were farm work mining firefighting and the ambulance service About 5 500 objectors were imprisoned most charged with refusal to attend a medical examination as a necessary preliminary to call up after being refused exemption and some charged with non compliance with the terms of conditional exemption A further 1 000 were court martialled by the armed forces and sent to military detention barracks or civil prisons Differently from the First World War most sentences were relatively short and there was no pattern of continually repeated sentences Nevertheless the social stigma attached to conchies as they were called was considerable regardless of the genuineness of their motives cowardice was often imputed Conscription in the United Kingdom was retained with rights of conscientious objection as National Service until the last call up in 1960 and the last discharge in 1963 The use of all volunteer soldiers was hoped to remove the need to consider conscientious objectors Ever since the First World War however there have been volunteer members of the armed forces who have developed a conscientious objection to continuing in service a procedure was devised for them in the Second World War and with adaptations it continues to this day United States Edit Main article Conscientious objection in the United States See also New York Draft Riots and Conscription in the United States There are currently legal provisions in the United States for recognizing conscientious objection both through the Selective Service System and through the Department of Defense The United States recognizes religious and moral objections but not selective objections Conscientious objectors in the United States may perform either civilian work or noncombatant service in lieu of combatant military service 98 Historically conscientious objectors have been persecuted in the United States After the Selective Service System was founded during World War I such persecutions decreased in frequency and recognition for conscientious objectors grew citation needed Other countries Edit As of 2005 conscientious objectors in several countries may serve as field paramedics in the army although some do not consider this a genuine alternative as they feel it merely helps to make war more humane instead of preventing it Alternatively they may serve without arms although this too has its problems In certain European countries such as Austria Greece and Switzerland there is the option of performing an alternative civilian service subject to the review of a written application or after a hearing about the state of conscience In Greece the alternative civilian service is twice as long as the corresponding military service in Austria Zivildienst is one third times longer the Swiss Zivildienst is one and one half times longer than military service In 2005 the Swiss parliament considered whether willingness to serve one and a half times longer than an army recruit was sufficient proof of sincerity citing that the cost of judging the state of conscience of a few thousand men per year was too great Conscientious objection in professional forces EditOnly two European Union countries Germany and the Netherlands recognize the right to conscientious objection for contract and professional military personnel 99 In the United States military personnel who come to a conviction of conscientious objection during their tour of duty must appear in front of a panel of experts which consists of psychiatrists military chaplains and officers In Switzerland the panel consists entirely of civilians and military personnel have no authority whatsoever In Germany the draft has been suspended since 2011 100 full citation needed See also EditAntimilitarism Central Committee for Conscientious Objectors Center on Conscience amp War Conscientious Objectors Commemorative Stone Conscientious objection to military taxation Category Conscientious objectors Friends Ambulance Unit GI Rights Network International Conscientious Objectors Day Medical Cadet Corps Pax Christi Peace movement Peace Pledge Union Richmond Sixteen Selective conscientious objection Tax resistance Voluntaryism War resister War Resisters International War Resisters LeagueReferences Edit A Modern Adullam Yorkshire Evening Post No 8446 8 October 1917 p 2 via British Newspaper Archive On July 30 2001 explicit clarification of the International Covenant on Civil and Political Rights Article 18 was made in the United Nations Human Rights Committee general comment 22 Para 11 Special Rapporteur on freedom of religion or belief Framework for communications Conscientious Objection Office of the United Nations High Commissioner for Human Rights Archived from the original on 6 January 2020 Retrieved 7 May 2012 International Covenant on Civil and Political Rights of the United Nations High Commissioner for Human Rights Retrieved 15 May 2008 Confessions of a Military Industrial Complex Conscientious Objector OpEdNews Archived from the original on 27 April 2015 Retrieved 12 August 2017 Campaigns International Day on Conscientious Objection Archived from the original on 25 June 2014 Retrieved 10 May 2014 UN Commission on Human Rights 8 March 1995 UN Commission on Human Rights Conscientious objection to military service 8 March 1995 E CN 4 RES 1995 83 See point 2 UN Commission on Human Rights Retrieved 2 December 2009 United Nations High Commissioner for Human Rights 22 April 1998 Conscientious objection to military service Commission on Human Rights resolution 1998 77 see preamble Aware United Nations High Commissioner for Human Rights Archived from the original on 19 November 2018 Retrieved 8 December 2009 Conscientious objection to military service E CN 4 RES 1998 77 See introductory paragraph UN Commission on Human Rights 22 April 1998 Retrieved 9 December 2009 Conscientious objection to military service Commission on Human Rights resolution 1998 77 Navigation to document press next four times see bottom listing and at the right choose letter for language E for English Document CHR 54th 4 22 1998E CN 4 RES 1998 77 United Nations Human Rights Office of the High Commissioner for Human Rights 1998 Retrieved 24 April 2008 a b D CHRISTOPHER DECKER AND LUCIA FRESA 29 March 2001 THE STATUS OF CONSCIENTIOUS OBJECTION UNDER ARTICLE 4 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS 33 N Y U J INT L L amp POL 379 2000 See pages 412 424 or PDF pages 34 36 PDF New York University School of Law Issues Volume 33 Archived from the original PDF on 22 November 2011 Retrieved 2 December 2009 The Office of the United Nations High Commissioner for Human Rights 2012 Conscientious objection to military service PDF a b Churchill Robert Paul 1996 Conscientious Objection In Donald K Wells ed An Encyclopedia of War and Ethics Greenwood Press pp 99 102 ISBN 0313291160 Conscientious Objection See Questions and answers about the Universal Declaration Archived from the original on 12 September 2012 Retrieved 4 June 2004 under Who are the signatories of the Declaration The Imperatives of Survival Nobel Foundation 1974 Retrieved 30 April 2008 International Covenant on Civil and Political Rights Office of the United Nations High Commissioner for Human Rights Archived from the original on 5 July 2008 Retrieved 15 May 2008 A Conscientious Objector s Guide to the UN Human Rights System War Resisters International Archived from the original on 15 May 2008 Retrieved 30 April 2008 Special Rapporteur on freedom of religion or belief Framework for communications Conscientious Objection Office of the United Nations High Commissioner for Human Rights Archived from the original on 17 May 2008 Retrieved 15 May 2008 HRC views in case Yoon and Choi v Republic of Korea communications nos 1321 1322 2004 PDF Retrieved 12 August 2017 Out of the margins The right to conscientious objection to military service in Europe An announcement of amnesty international s forthcoming campaign and briefing for the UN commission on Human Rights Conscientious objection to military service E CN 4 RES 1998 77 See Point 5 UN Commission on Human Rights 22 April 1998 Retrieved 9 December 2009 United Nations High Commissioner for Human Rights 22 April 1998 Conscientious objection to military service Commission on Human Rights resolution 1998 77 see point 7 United Nations High Commissioner for Human Rights Archived from the original on 19 November 2018 Retrieved 8 December 2009 Charter of Fundamental Rights of the European Union Article 10 2 Source Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees Sven Lindqvist A History of Bombing Nu dog du bombernas arhundrade 1999 relevant quotation at 1 Murray John Courtney 4 June 1967 Selective Conscientious Objection Editor Note An address given at Western Maryland College June 4 1967 First published as pamphlet entitled Selective Conscientious Objection by Our Sunday Visitor Huntington IN Our Sunday Visitor Inc Republished as War and Conscience in A Conflict of Loyalties The Case for Selective Conscientious Objected 19 30 ed by James Finn New York Gegasus 1968 Woodstock Theological Center Archived from the original on 14 June 2008 Retrieved 25 September 2008 FindLaw s United States Supreme Court case and opinions Findlaw Retrieved 12 August 2017 Courage to Refuse Archived 2010 03 08 at the Wayback Machine Pilots letter The Nation 23 September 2003 In Fact THE ISRAELI PEACE MOVEMENT TAKES FLIGHT The Nation Retrieved 11 January 2010 Random Jack 25 May 2005 Just Say No The Case for Selective Conscientious Objection Buzzle Retrieved 26 January 2009 permanent dead link Bruderhof Communities GAMEO gameo org Retrieved 19 December 2017 Lewis James R 2001 The Encyclopedia of Cults Sects and New Religions Prometheus Books p 304 ISBN 978 1 61592 738 8 The doctrine of the Emmanuel Association is similar to that of the Pilgrim Holiness Church but it has a very rigid behavior code called Principles of Holy Living Members are conscientious objectors a b c Discipline of the Reformed Free Methodist Church The Sound of Trumpet Ministries 17 March 1960 p 14 http www sidadventist org lead index php resources essent 89 leadership permanent dead link The Seventh day Adventist Church Controversies books and other resources Archived 11 September 2012 at archive today religioustolerance org Ontario Consultants on Religious Tolerance Origin of the Seventh Day Adventist Reform Movement Archived 2010 08 15 at the Wayback Machine Staff of the Catholic Peace Fellowship 2007 The Life and Witness of Ben Salmon Sign of Peace 6 1 Spring 2007 Torin Finney 1989 Unsung Hero of the Great War The Life and Witness of Ben Salmon pp 118 119 Armenia Releases All Imprisoned Jehovah s Witnesses Mazal Peter 1999 1 The Moral Domain Selected Topics of Comparison in Christianity and the Bahaʼi Faith MA thesis Landegg Academy Retrieved 13 September 2006 Effendi Shoghi Unfolding Destiny pp 134 135 D CHRISTOPHER DECKER AND LUCIA FRESA 29 March 2001 THE STATUS OF CONSCIENTIOUS OBJECTION UNDER ARTICLE 4 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS 33 N Y U J INT L L amp POL 379 2000 PDF New York University School of Law Issues Volume 33 Archived from the original PDF on 22 November 2011 Retrieved 2 December 2009 Smith p 321 The Conscription Crisis of 1917 also barred immigrants and objectors from voting This bar on entry was overturned in the 1920s allowing immigrants to escape Soviet repression Gingerich p 420 Peter Dueck Conrad Stoesz Grant Klassen Lynette Wiebe Elsie Rempel Lawrence Klippenstein Alf Redekopp Dan Dyck John C Klassen Grant Klassen Edward Enns Jake K Wiens David Schroeder Alternative Service in the Second World War Conscientious Objectors in Canada 1939 1945 Retrieved 27 April 2009 Krahn pp 76 78 Objecion conciencia cuando y donde se puede practicar gobiernobogota gov co Eritrea wri irg org War Resisters International Archived from the original on 31 October 2018 Retrieved 19 June 2019 Suomi syrjii aseistakieltaytyjia AKL aseistakieltaytyjaliitto fi Archived from the original on 26 July 2007 Retrieved 12 August 2017 unhchr ch unhchr ch Retrieved 12 August 2017 Jean Paul Cahn Francoise Knopper Anne Marie Saint Gille De la Guerre juste a la paix juste Aspects confessionnels de la construction de la paix dans l espace franco allemand XVIe XXe siecle Collection Histoire et civilisations Presses Universitaires Septentrion 2008 313 pages ISBN 9782757400388 p 168 15 mai Journee internationale de l objection de conscience Internationale des Resistant e s a la Guerre wri irg org Archived from the original on 15 August 2016 Retrieved 12 August 2017 September 17 1939 The New York Times See also A Teacher s Guide to the Holocaust by Florida Center for Instructional Technology 2 Bernd Eisenfeld Das Verhaltnis der Partei und Staatsfuhrung der DDR zu den Bausoldaten a die agitatorische Diskriminierung der Bausoldaten b die substantielle Diskriminierung der Bausoldaten pp 115 125 in Kriegsdienstverweigerung in der DDR ein Friedensdienst Genesis Befragung Analyse Dokumente 190 Seiten Anhang Hrsg Haag Herchen Frankfurt 1978 ISBN 3 88129 158 X In German Sergej Kaledin Das Baubataillon Ubersetzung der russischen Originalausgabe Strojbat 1991 Verlag Volk amp Welt Berlin 1992 ISBN 3 353 00927 2 In German a b Conscientious objection to military service in Israel an unrecognised human right War Resisters International wri irg org Archived from the original on 21 January 2013 Retrieved 12 August 2017 From the Torato Omanuto entry from 800 men in 1968 to 41 450 in 2005 compared to 7 million for the entire population of Israel In percentage terms 2 4 of the soldiers enlisting to the army in 1974 were benefiting from Torato Omanuto compared to 9 2 in 1999 when it was projected that the number would reach 15 by 2012 a b בבית המשפט העליון בשבתו כבית משפט גבוה לצדק in Hebrew 21 February 2012 Archived from the original on 31 December 2013 Retrieved 31 December 2013 Wet gewetensbezwaren militaire dienst a b c Taonga New Zealand Ministry for Culture and Heritage Te Manatu Conscientious objection teara govt nz Retrieved 25 January 2023 Field punishment No 1 nzhistory govt nz Retrieved 25 January 2023 a b United Nations Human Rights Office New Zealand Law and Conscientious Objection PDF Romania drops compulsory military service United Press International 23 October 2006 Smith p 311 The decree was issued in October 1918 Smith p 329 Braun Abraham Block Th Klippenstein Lawrence 1989 Forsteidienst Global Anabaptist Mennonite Encyclopedia Online Retrieved 7 November 2006 Smith p 330 The National Registry of Conscientious Objectors launched in 1989 listed some 700 plus objectors for that year alone Source Argus Thursday September 21 1989 South Korea Jehovah s Witnesses Official Media Web Site Archived from the original on 25 May 2012 Retrieved 13 April 2012 Imprisonment of conscientious objectors to military service a b South Korea military objectors say don t jail pacifists Reuters 2 September 2008 Retrieved 12 August 2017 a b c Should conscientious objectors be jailed Korea Herald 19 September 2011 Archived from the original on 25 January 2013 Retrieved 8 January 2012 Second Session of the Universal Periodic Review UPR Archived 2008 07 26 at the Wayback Machine Conscientious Objectors to Get Non Armed Services for 36 Months a b Korean government held responsible for deaths of five conscientious objectors Archived 2010 01 11 at the Wayback Machine Abuse blamed for mysterious deaths in army Korea Herald 17 January 2009 Archived from the original on 11 August 2011 Retrieved 21 December 2009 Restrictions on Religious Freedom Archived 2010 02 18 at the Wayback Machine Objectors Top 5 000 8 January 2009 Retrieved 12 August 2017 Ruling allows Korea to continue imprisoning conscientious objectors Jehovah s Witnesses Official Media Web Site Press release 2 September 2011 Archived from the original on 7 October 2011 Retrieved 7 October 2011 Diplomat Yena Lee The A Korean Conscientious Objector in Paris Retrieved 12 August 2017 News amp Stories Amnesty International USA Retrieved 12 August 2017 Sang Hun Choe 28 June 2018 South Korea Must Offer Civilian Alternatives to Military Service Court Rules The New York Times Retrieved 29 June 2018 Lee Joyce 30 December 2018 South Korea Supreme Court allows conscientious objection to military service in landmark ruling Reuters Retrieved 17 March 2019 Peter Brock and Nigel Young Pacifism in the Twentieth Century Syracuse University Press New York 1999 ISBN 0 8156 8125 9 pp 96 7 311 Spanish Constitution section 30 2 Ordas Garcia Carlos Angel May 2022 The Antimilitarist Campaign against Compulsory Military Service in Spain during the 1970s and 1980s Contemporary European History Cambridge and New York Cambridge University Press 31 3 1 19 doi 10 1017 S0960777322000224 ISSN 1469 2171 S2CID 249051063 Chamber Judgement Ulke vs Turkey Archived 2006 10 09 at the Wayback Machine Accessed June 7 2006 See the list on the pages of the opponents to war Archived 2011 06 04 at the Wayback Machine tr savas karsitlari accessed on 15 May 2011 Prisoner of conscience escapes and is rearrested Amnesty International 28 April 2011 Retrieved 2 May 2011 NTV Haber Turkiye ve Dunya Gundemi Guncel Son Dakika Haberleri ntvmsnbc com Archived from the original on 5 November 2013 Retrieved 12 August 2017 A J P Taylor English History 1914 1945 Oxford University Press 1990 p 116 Brock Peter These strange criminals an anthology of prison memoirs by conscientious objectors to military service from the Great War to the Cold War p 14 Toronto University of Toronto Press 2004 ISBN 0802087078 Adrian Gregory Military Service Tribunals 1916 1918 in J Harris ed Civil Society in British History Oxford 2003 Lois Bibbings Telling Tales About Men Manchester University Press 2009 The Men Who Said No Peace Pledge Union Retrieved 30 May 2021 Silence in castle to honour First World War conscientious objectors dated 25 June 2013 at thenorthernecho co uk accessed 19 October 2014 A J P Taylor English History 1914 1945 Oxford University Press 1990 p 116 FWW Pacifists at spartacus educational com a b Jappy M J 2001 Danger UXB The Remarkable Story of the Disposal of Unexploded Bombs During the Second World War Channel 4 books p 92 ISBN 0 7522 1938 3 Conscientious Objection and Alternative Service Selective Service System Archived from the original on 27 April 2017 Retrieved 1 May 2017 Professional Soldiers and the Right to Conscientious Objection in the European Union PDF War Resisters International October 2008 p 6 Archived from the original PDF on 18 January 2012 Retrieved 25 October 2011 Aktuelle Nachrichten online Frankfurter Allgemeine Zeitung Retrieved 12 October 2016 Further reading EditAlexander Paul 2008 Peace to War Shifting Allegiances in the Assemblies of God Telford PA Cascadia Publishing Herald Press A history and analysis of conscientious objection in the Assemblies of God the largest Pentecostal denomination Barker Rachel Conscience government and war Conscientious objection in Great Britain 1939 45 Routledge 2021 Bennett Scott H 2003 Radical Pacifism The War Resisters League and Gandhian Nonviolence in America 1915 1963 Syracuse Univ Press Brennan Jason Conscientious tax objection why the liberal state must accommodate tax resisters Public Affairs Quarterly 26 2 2012 141 159 Keim Albert N 1990 The CPS Story An Illustrated History of Civilian Public Service pp 75 79 Good Books ISBN 1 56148 002 9 online Gingerich Melvin 1949 Service for Peace A History of Mennonite Civilian Public Service Mennonite Central Committee Krahn Cornelius Gingerich Melvin amp Harms Orlando Eds 1955 The Mennonite Encyclopedia Volume I pp 76 78 Mennoniite Publishing House Magelssen Morten When should conscientious objection be accepted Journal of Medical Ethics 38 1 2012 18 21 onlineMatthews Mark 2006 Smoke Jumping on the Western Fire Line Conscientious Objectors during World War II University of Oklahoma Press ISBN 978 0806137667 Moorehead Caroline 1987 Troublesome People Enemies of War 1916 86 Hamish Hamilton Ltd ISBN 0 241 12105 1 Quakers in Britain Conscientious Objectors Smith C Henry 1981 Smith s Story of the Mennonites Revised and expanded by Cornelius Krahn Newton Kansas Faith and Life Press pp 299 300 311 ISBN 0 87303 069 9 Robb Linsey The Conchie Corps Conflict Compromise and Conscientious Objection in the British Army 1940 1945 Twentieth Century British History 29 3 2018 411 434 onlineTinnelly CM Joseph T The Conscientious Objector Under the Selective Service Act of 1940 St John s Law Review 15 2 2013 6 online Primary sources Edit Bennett Scott H 2005 Army GI Pacifist CO The World War II Letters of Frank and Albert Dietrich Fordham Univ Press McNair Donald 2008 A Pacifist at War Military Memoirs of a Conscientious Objector in Palestine 1917 1918 Anastasia Press Much Hadham ISBN 978 0 9536396 1 8 Mock Melanie Springer 2003 Writing Peace The Unheard Voices of Great War Mennonite Objectors Cascadia Publishing House ISBN 1 931038 09 0U S Selective Service Conscientious Objection and Alternative Service Who Qualifies Archived 2017 04 27 at the Wayback Machine Further viewing EditRick Tejada Flores Judith Ehrlich 2000 The good war and those who refused to fight it Paradigm Productions in association with the Independent Television Service aired on PBS Catherine Ryan Gary Weimberg 2008 Soldiers of Conscience Luna Productions Aired on the PBS nonfiction series POV Molly Stuart Amitai Ben Abba 2019 Objector Java Films A documentary about Israeli conscientious objector Atalya Ben Abba premiered at IDFA Objector IMDb 2019 Retrieved 2 October 2021 External links Edit Wikisource has original text related to this article Manifesto Against Conscription and the Military System Wikiquote has quotations related to Conscientious objector Schleif Luke Conscientious Objectors in 1914 1918 online International Encyclopedia of the First World War Patterson David S Pacifism in 1914 1918 online International Encyclopedia of the First World War Alternative Service in the Second World War Conscientious Objectors in Canada 1939 1945 The National Registry for Conscientious Objection International Conscientious Objectors Day War Resisters International of Human Rights factsheet on case law on conscientious objection Making a Choice Conscientious Objection or Refusing to Register Resisters info The European Bureau for Conscientious Objection Refusing to Kill conscientious objection and human rights in World War I Peace Pledge Union 2006 Watch His Conscience A Short History Of The Conscientious Objector By Michael D Peabody Catholic Peace Fellowship The Right to Refuse to Bear Arms the most authoritative recent world survey on provisions for conscientious objection to military service by War Resisters International A Conscientious Objector s Guide to the UN Human Rights System You have no enemies A Call for Conscientious Objection By Dieter Duhm Hacksaw Ridge A film about conscientious objector Desmond T Doss who received Medal of Honor in WW2 Objector a 2019 documentary about Israeli conscientious objector Atalya Ben Abba Retrieved from https en wikipedia org w index php title Conscientious objector amp oldid 1144026393, wikipedia, wiki, book, books, library,

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