Chapter 10 Conscientious Objection to Military Conscription and Service This chapter provides an inventory of the legislation, policies, and good practices that various countries use in dealing with conscription and the right to conscientious objection. This is a subject where countries have taken a variety of approaches: while some have a fully established legal right of conscientious objection without penalties, in others conscientious objectors are still treated harshly, and in a minority of countries the right is not recognized at all. Conscientious objection is an issue that arises mainly (but not exclusively) in relation to states that conscript to the armed forces. After outlining the general issues that are raised by conscientious objection, this chapter discusses the growing recognition of a right to conscientious objection by international bodies, especially the United Nations and the Council of Europe, and the relevant constitutional provisions. The remaining sections examine how different countries recognize a variety of reasons for conscientious objection, the availability of alternative service, and the recognition of selective conscientious objection. 1. Issues at Stake Many people have religious, philosophical, or ethical objections to the use of violence or to the deliberate taking of life, either on a personal basis or by state bodies acting on their behalf. Historically, these beliefs have been associated with groups such as the Quakers (Society of Friends) or Jehovah’s Witnesses, but they are by no means exclusive to them. Within a democracy, people with pacifist or non-violent convictions are free to hold and propagate these views and to argue that state policy should adhere to them, for example, by pursuing peaceful diplomacy rather than armed intervention. Moreover, the freedom to do so is recognized by protections for freedom of thought, belief and conscience found within international human rights treaties (these are discussed at greater length in Chapter 11, “Religion in the Armed Forces”). The question of conscientious objection is a narrower and personal one: it involves a person’s freedom to act upon their beliefs by refusing to join the armed forces or to take part in military action. Naturally, where the armed forces of a state are made up entirely of volunteers, a person with conscientious objections can satisfy their conscience by not enlisting. It is significant therefore that there is a clear trend within Europe towards professionalization of the armed forces and for states to relinquish conscription, or where it is retained, to shorten the period of military service. In 2005, the Quaker Council for European Affairs noted that 10 European countries had suspended conscription in the previous decade, although at that time it remained in force in 29 European states.105 The movement away from conscription means that those individuals with conscientious objections are less likely to be put involuntarily in a position of conflict between their conscience and military duties. The issue of conscientious objection is one that is not exclusive to countries with conscripted armed forces, however, since a conscientious objection may also develop at any point 105  The Right to Conscientious Objection in Europe: A Review of the Current Situation (Brussels: Quaker Council for European Affairs, 2005), p. 4. 74 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel