A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of conscience or religion. The term has also been extended to objecting to working for the military–industrial complex due to a crisis of conscience. 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.
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". This was re-affirmed on April 22, 1998, when resolution 1998/77 recognized that "persons [already] performing military service may develop conscientious objections".
History
thumb|250px|right|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 earliest 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.
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.
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 1757 allowed Quakers exemption from military service.
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.
thumb|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'."
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."
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."
On 30 July 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." In 2006, the committee has found for the first time a right to conscientious objection under article 18, although not unanimously.
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."
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". 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 ..."
In 2001, Charter of Fundamental Rights of the European Union recognised the right to conscientious objection.
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:
<blockquote>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.</blockquote>
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.)
On 4 June 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."
On 8 March 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."
On 14 September 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."
On 25 May 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?"
Religious motives
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 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. The Book of Discipline of the Reformed Free Methodist Church teaches: 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." 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).
thumb|317x317px|[[Blessed are the peacemakers|Blessed are the Peacemakers (1917) by George Bellows]]
In the early Christian Church followers of Christ refused to take up arms.
After the Roman Empire officially embraced Christianity, the just war theory 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). On June 5, 1917, Salmon wrote in a letter to President Wilson:
Nowadays, the Catholic Church teaches that "Public authorities should make equitable provision for those who for reasons of conscience refuse to bear arms; these are nonetheless obliged to serve the human community in some other way." (point 2311 of the Catechism of the Catholic Church)
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. 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.
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, , 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
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. 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. 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%).
Colombia
Conscientious objection is recognised in Colombia.
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 did not 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. The Charter of Fundamental Rights and Freedoms in both countries now guarantees the right to refuse military service on grounds on conscience or religious belief.
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. According to a poll from July 2011, 2 out of 3 Danes want conscription abolished.
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.
Finland
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 ). 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, 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.
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For many decades, the civilian service remained unpopular and difficult to choose. Refusing military service would have been very strongly discouraged by all state officials, and getting accepted as a conscientious objector required a trial by an examination board, whose judgement was often very harsh and strongly biased towards military service. These boards included army officers and clergy. A typical hypothetical presented to the examinee was "If a group of men threatened to beat your girlfriend up, would you try to stop them?".
The examinations were abolished in the 1980s, and today a conscientious objector is only required to check a box in the draft form and state whether his reasons are religious or ethical. Severe social stigma attachs to conscientious objection, and the military, which is responsible for the draft, does not advertise the option beyond their legal obligation to mention the option to draftees.
The civilian service of conscientious objectors lasts 395 days, over twice as long as the shortest and most common military service (180 days) and thirty days longer than the longest and mostly voluntary service (365 days).
The first four weeks of the civilian service are spent in training, which mostly consists of general-purpose lectures on various topics. The first three weeks of the training are held at the Lapinjärvi Educational Center, and the fourth week is a free vacation.
In Finland today, the right to conscientious objection is still acknowledged only in peacetime. In recent years several international bodies (for example UN's Human Rights Committee), who are overseeing the implementation of human rights agreements, have demanded Finland to take measures to improve its legislation concerning COs, since they have found it to be discriminatory. Sources of criticism have been the punitive length of the civilian alternative to military service, the release of conscientious objectors from military duty only during peace time and the negligence in arranging accommodation for the servicemen. Since 1999, Amnesty International has considered Finnish total objectors, who have refused to carry out non-military service, as prisoners of conscience, because of the punitive length of civilian service.
The main 12-month period of service can be performed in any institution that is both non-profit and beneficial to the society. Examples include state bureaus, schools, universities, hospitals, libraries, theatres and independent non-profit organisations such as Amnesty International. Institutions wishing to accept conscientious objectors must comply with rules laid down by the Finnish Ministry of Labour.
From the state's point of view, conscientious objectors are subject to the same rights and obligations as military enlisted men. How the service is handled in practice depends on the place of service, but a typical service consists of a common 40-hour week in the institution.
Some 2,500 men opt for the civilian service every year, which is ca. 10% of the men drafted.
Men who refuse both the military and the civilian services are known as total objectors (Finnish totaalikieltäytyjä). Total objectors are sentenced unconditionally to a prison term equal to half their remaining service. In 2002, some 80 men were convicted as total objectors. It is usual for total objectors to cite in their defence the Finnish Constitution, several international human rights bodies (for example UN's Human Rights Committee), a total objector Jussi Hermaja has sought asylum from another country, Belgium. While asylum was eventually not granted, he was not extradited because the state of Finland never filed a formal request.
Since some 80% of Finnish men undergo military service and since military training and rank are considered merits at the job market, conscientious objectors experience discrimination. A reserve officer's or NCO's rank is considered a more significant merit for management positions than university degrees or work experience (see management by perkele). However, in most cases employers legally have no defensible reason to favour or even ask about a candidate's military training.--->
France
thumb|180px|right|Stamp created by the (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 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.
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 15 September 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. Among others, Franz Jägerstätter was executed after his conscientious objection, on the grounds that he could not fight for an evil force.
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.
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 were not. 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 fulfill his duties in unarmed military service or civilian service.
Israel
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).
In discussing the status of the armed forces shortly after the founding of the State of Israel, representatives of orthodox religious parties argued against Haredi conscription in Israel and believed 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 and allowed for non-conscription. 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. Haredi exemptions for military service rose "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 exemptions compared to 9.2% in 1999, when it was projected that the number would reach 15% by 2012." In 2012, the Israeli Supreme Court ruled in the case of Ressler et al. v. The Knesset et al.. 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., 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.thumb|[[Waikeria Prison for WW1 objectors, ]]
New Zealand
In 1916 conscription was introduced in New Zealand, with only Quakers, Christadelphians, and Seventh-day Adventists having automatic exemption from the conscription. 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."
During World War Two, conscription was re-introduced in 1940 and 5000 men applied for an exemption on the grounds of conscientious objection. 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. By 1978 it was also an offence to advocate for conscientious objection.
Romania
In Romania, as of 23 October 2006 conscription was suspended, therefore, the status of conscience objector does not apply. 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
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.
After the Russian Revolution of 1917, Leon Trotsky issued a decree allowing alternative service for religious objectors whose sincerity was determined upon examination. 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. 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. 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.
In the present day, 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.
Serbia
Serbia introduced civil service for Conscientious objectors in 2009. the service lasted 9 months and people serving were task to help out in government facilities such as post offices, kindergartens, hospitals etc. In 2020 during COVID-19 they were called to help prepare military hospitals for the influx of military and civilian patients.
When civil service was introduced the mandatory military service period was reduced from 12 months to 6 months.
Mandatory military service was abolished in 2011.
South Africa
During the 1980s, hundreds 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
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, are arrested for refusing the draft.
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.
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.
In September 2007, the government announced a program to give conscientious objectors an opportunity to participate in alternative civilian service. 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.
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."