Conscientious objector
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 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.
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.
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]
International law[edit]
Universal 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:
National law[edit]
United States[edit]
At least two state constitutions have recognized an individual right not to bear arms. Pennsylvania's Constitution of 1790 states "Those who conscientiously scruple to bear arms, shall not be compelled to do so; but shall pay an equivalent for personal service."[25] New Hampshire's Constitution of 1784 states "No person, who is conscientiously scrupulous about the lawfulness of bearing arms, shall be compelled thereto."[26]
Selective conscientious objection[edit]
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.)[27]
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."[28]
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."[29]
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."[30][31]
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?"[32]
Alternatives for objectors[edit]
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,[45] 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[edit]
Belgium[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.
Conscientious objection in professional forces[edit]
Only two European Union countries – Germany and the Netherlands – recognize the right to conscientious objection for contract and professional military personnel.[102]
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.[103]