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A conscientious objector (CO) is an individual following the religious, moral or ethical dictates of his or her conscience that are incompatible with being a combatant in military service, or being part of the armed forces as a combatant organization. In the first case, conscientious objectors may be willing to accept non-combatant roles during conscription or military service. In the second case, the objection is to any role within armed forces and results in complete rejection of conscription or military service and, in some countries, assignment to an alternative civilian service as a substitute for conscription or military service. Some conscientious objectors may consider themselves either pacifist or antimilitarist. Introduction Historically, many conscientious objectors have been executed, imprisoned or sanctioned 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 objection status. Acceptable grounds for granting conscientious objector status have broadened in many countries. In 1971 a United States Supreme Court decision broadened U.S. rules beyond religious belief but denied the inclusion of objections to specific wars as grounds for conscientious objection. Some desiring to include the objection to specific wars distinguish between wars of offensive aggression and defensive wars while others contend that religious, moral or ethical opposition to war need not be absolute or consistent but may depend on circumstance or political conviction. Currently, the U.S. Selective Service System states, "Beliefs which qualify a registrant for conscientious objector status may be religious in nature, but don't have to be. Beliefs may be moral or ethical; however, a man's reasons for not wanting to participate in a war must not be based on politics, expediency, or self-interest. In general, the man's lifestyle prior to making his claim must reflect his current claims.". In the US, this applies to primary claims, that is, those filed on initial SSS registration. On the other hand, those who apply after either having registered without filing, and/or having attempted or effected a deferral, are specifically required to demonstrate a discrete and documented change in belief, including a precipitant, that converted a non-CO to a CO. The male reference is due to the current "male only" basis for conscription in the United States. COs willing to perform non-combatant military functions are classed 1-A-O by the US; those unwilling to serve at all are 1-O. Conscientious objection and doing civilian service has, in many countries, evolved into a veritable institution. Today in Germany, civil servants who are fulfilling their service in the nursing or social domain bear a huge part of the respective workload. It is believed that abolishing the draft—and with that, the compulsory civil service for objectors—would plunge hospitals and nursing homes into severe trouble. Religious motives The reasons for refusing to serve are varied. Many conscientious objectors are so for religious reasons. Members of the Historic Peace Churches are pacifist by doctrine. Jehovah's Witnesses, who, while not pacifist in the strict sense, refuse to participate in the armed services on the grounds that they believe Christians should be neutral in worldly conflicts. Some look at Romans 12:19, which says, Do not take revenge, my friends, but leave room for God's wrath, for it is written: "It is mine to avenge; I will repay," says the Lord. Other objections can stem from a deep sense of responsibility toward humanity as a whole, or from simple denial that any government should have that kind of moral authority. There are divergent views about the degree of pacifism in the early Christian Church. Within the Roman Empire avoiding military service was not a problem, because the legions and other armed forces were largely composed of volunteers. Some legionaries who converted to Christianity were able to reconcile warfare with their Christian beliefs which is formalized in the Just War theory. This option became more normal after Constantine I made Christianity an official religion of the Empire. 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. Feudalism imposed various forms of military obligation, before and after the crusading movement (which was composed of volunteers). But the demand was to send someone rather than any particular person. Those who did not wish to fight, for whatever reason, were left alone if they could pay or persuade someone else to go. One argument used by some Christian objectors is that every soldier should be given the choice to go home before every battle according to Deuteronomy 20:8 which states, Then the officers shall add, "Is any man afraid or fainthearted? Let him go home so that his brothers will not become disheartened too." By this interpretation, any military draft as well as all military service that is based on enlistment in years or tours of duty would be unethical without the option to refuse any battle without punishment. This interpretation makes almost all wars in violation of Christian Just War theory. 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. More recently, in Armenia, young Jehovah's Witnesses have been imprisoned (and remain in prison) because of their conscientious objection to military service. In Switzerland, virtually every Jehovah's Witness is exempted from military service. The Finnish government exempts Jehovah's Witnesses from the draft completely. For believers in Dharmic Religions, the opposition to warfare may be based on either the general idea of ahimsa, non-violence, 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, the highest religious authority in Tibetan Buddhism, 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 sóhei) participating in the civil wars. Alternatives for objectors Some conscientious objectors are unwilling to serve the military in any capacity, while others accept noncombatant roles. 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. United States
Canada Mennonites in Canada were automatically exempt from any type of service during WWI by provisions of the Order in Council of 1873. During WWII, 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 shortaged developed within the nation, men were shifted into agriculture, education and industry. The 10,700 Canadian objectors were mostly Mennonites (63%) and Dukhobors (20%). Eastern Europe After World War II, conscientious objectors in the Soviet Union and the German Democratic Republic were typically assigned to construction units, in the absence of a fully civilian alternative to military service. 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 punished by imprisonment. Both numbers were tiny. After the communist party lost its power (1989), alternative civil service was established. As of 2006, both the Czech Republic and Slovakia have abolished conscription. United Kingdom Britain's armed services had for centuries been all-volunteer forces - though press gangs took sailors for the Royal Navy in the Napoleonic War. In the 1914-18 war, Britain introduced conscription with the Military Service Act of 1916. This meant that objections on religious or ethical grounds became an issue. Of those 'called up', about 16,000 refused to fight. Quakers, traditionally pacifist, played a large role. Many objectors accepted non-combat service. Some worked as stretcher-bearers, which was dangerous even though no one intentionally shot at them. Objectors had to prove their right not to fight. 8,608 appeared before Military Tribunals. Over 4,500 were sent to do work of national importance such as farming. However, 528 were sentenced to severe penalties. This included 17 who were sentenced to death (afterwards commuted), 142 to life imprisonment, three to 50 years' imprisonment, four to 40 years and 57 to 25 years. Conditions were made very hard for the conscientious objectors and sixty-nine of them died in prison. In World War Two, there were nearly 60,000 registered Conscientious Objectors. Tests were much less harsh - 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. Objectors were required to do work that was either war-related or classified as 'useful'. Conscription was continued (as National service) until 1960. Note that British conscription never applied to Ireland - but see Conscription Crisis of 1918 (Ireland). The various parts of the Empire and Commonwealth had their own rules. See also Conscientious objection throughout the world, which includes sections on Britain, Spain and Finland. Finland The military legislature after the Finnish Civil War 1918 made conscription mandatory to all able-bodied Finnish males. There was no leeway for dissidents, and conscientious objection was parallelled to high treason and conscientious objectors were imprisoned. Only after the struggle of Arndt Pekurinen, law of alternative service during peacetime was stated 1931. The law applied to only peacetime. After the beginning of the Winter War, Pekurinen and other conscientious objectors were imprisoned immediately as they were considered dangerous to national security. After the break of Continuation War, Pekurinen was sent to front. As he still refused from taking arms and dressing in uniform, he was deemed guilty of high treason, and he was executed without trial. After the WWII, the tour of duty for the conscientious objectors was stated twice the length of shortest conscription, 16 months. The objectors had to prove their conviction, and should they fail to prove their conviction, they were forced to serve in the armed service. The period was shortened to 13 months in 1987. At the same time also the conviction inspection board was abolished. The alternative service is still today valid only during the peacetime. It doesn't exclude anyone from being conscripted during the wartime. Germany According to Article 12a of the German constitution (Grundgesetz), every adult man can be obligated to military service called Wehrdienst. The draftee can apply for an alternative service called "Zivildienst" (civilian service), if he declares conscience reasons. The civil service may not last longer than military service. This rule has been applied since October 1, 2004. Before that date the civilian service was longer than military service, because soldiers could later be called to military exercises (Wehrübungen). In wartime, civilian draftees are expected to replace those on active military duty in their civilian professions. 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 Court. Since 1972 objectors could choose an alternative service which length was 8 months longer than the military one (15 months, then 12, as for Army and Air Force, 24 months, then 18, then 12 as for the Navy). Since such length was judged too punitive, a recent arrangement was made to reduce the maximum length of the civilian service to 13 months. Since 2004 Italian males no longer need to object because military service has been turned into volunteer for both males and females. South Africas Anti-War Experience During the 1980s hundreds of South African "White" Males dodged-the-draft, refused the call-up or objected to conscription in the Apartheid Defence Force. Some simply deserted, or joined organisations such as the End Conscription Campaign, an anti-war movement banned in 1988, 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, "South Africa's Vietnam", was rife in English-speaking campuses, and later the war in the townships became the focus of these groupings. 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 conscientious objection. 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. Israel Israel has a long history of individuals and groups refusing military service. Such acts are recorded since the state's foundation in 1948, but during the country's first decades involved mainly a few isolated individuals, usually of a Pacifist persuasion, due to pervasive public feeling that the country was fighting for its survival and that the IDF was a "Defence Force" in fact as well as in name. This view came in question following the occuaption of the West Bank and Gaza Strip in 1967 when the army took up the job of keeping a sizeable Palestinian population under Israeli rule by force, often involving what were perceived by many Israelis as violations of human rights and the safegurding of an increasing number of settlements erected on formerly-Palestinian land acquired in ways which many Israelis considered highly questionable. The invasion of Lebanon in 1982, launched with the proclaimed aim of "creating a new order in the Middle East" and without a visible existential threat to Israel, precipitated a mass anti-war movement (comparable in many ways to the American movement against the Vietnam War) of which a major component was an organised movement by thousands of soldiers (especially reserve soldiers) refusing service in Lebanon. This was continued during the First Intifada and the Second Intifada and has become a permanent feature of Israeli social and political life up to the present. While some of the individuals and groups involved fit with the definition of Conscientious Objection common in other countries, the phenomenon of "selective refusal" - i.e. soldiers who remain inside the army but refuse particular orders or postings, especially to Lebanon or the Occupied Territories - seems more widespread in Israel than anywhere else. A longstanding debate continues, of which there is no definitive conclusion, on whether or not this constitutes Conscientious Objection in the strict sense or should be treated as a separate phenomenon. Other Countries As of 2005, COs 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, Germany, Greece and Switzerland, there is the option of performing Civilian Service, subject to the review of a written application or after a hearing about the state of conscience (see below). In Greece, Civilian Service is 2 times longer the corresponding military service and in Switzerland, the Civilian Service is 1.5 times longer. In 2005, the Swiss parliament considered whether willingness to serve 1.5 times longer than an army recruit was sufficient proof of sincerity, citing that the cost of judging the state of conscience of just a few thousand men per year was too great. Hearings about the state of the conscience 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, objections to military service are filed in writing, and an oral hearing is only scheduled if the written testimonials has been unconvincing; in practice, due to the heavy workload—about half of all draftees in a given year file memorials as conscientious objectors—the competent authority reviews written applications only summarily, and it denies the alternative of a civilian service only in cases of grave shortcomings or inconsistencies in the written testimonials. Commonly, once an objector is summoned to a hearing, he has to explain what experiences drove him to recognize a conflict concerning his conscience. Common questions at hearings Hypothetical situations In hearings about one's personal conflicts of conscience, certain subtleties may arise. One example from interrogations in Germany is about a plank of wood floating on the sea, and you, shipwrecked, need cling to it in order to save your life. Another person swims nearby and he also is in need of this plank. If you deny him the plank, you are apparently ready to accept the killing of a human being, and therefore able to serve in the military. Otherwise, when you would give the plank to your fellow shipwrecked being, you are willing to die and therefore not credible. "Well, it comes to a fight!" is not a good answer both because it is elusive, and in stating that there would be a fight you imply that somebody might get killed. In other examples, the interviewers wanted to know if you're ready to kill someone in personal self-defence, perhaps when a friend or family member is in immediate danger. The analogy to a possible commitment in the military is wrong since defending an emotionally close person rarely damages your personality, but in the military you're forced into a situation where you have to commit collective self-defence. Another example is that by driving a car, you could kill someone by mistake. Since the objector in question refused to waive his driving licence, he is deemed to be untrustworthy. Also in Britain during World War I there was one argument put forward by a conscientious objector. First he asked the people who were part of the tribunal if they were Christian, when they all replied in the positive he then remarked, "Could you imagine Christ in khaki running out into no-mans land?" None of the panelists could, and the man was given total exemption due to 'religious beliefs' (The anecdote is represented in, or is coming from, Cronin's 1935 novel The Stars look down. See Conscientious objection throughout the world for further reference.) In various places, questions about such hypothetical situations have come into disuse because they do not explore the present-day state of the objector's conflict of conscience, but possible future actions which, with a great probability, will never take place. In the 1980s, these types of questions were abolished in Germany after the Federal Constitutional Court found them unconstitutional. Similar hearings and questions about hypothetical situations were in use in Finland for the most part of the history of Finnish conscientious objection, from its introduction in the 1930s to the 1980s, when they were abolished. Today, draftees have to specify whether they are objecting for religious or ethical reasons by checking off a respective box on a form, but hearings are no longer held. If conscripts turns into a conscientious objector during their service, the Defence Force will inquire of their reasons for internal research purposes, but the objectors are not required to answer unless they wish so. Usually, a conscientious objector will be released from the military within a few hours of making the claim. See also Notes | |||||||||
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