Conscientious Objection To Military Service

Traditionally few people challenged the distinction between absolute and selective conscientious objection by those being asked to carry out military duties. The former is an objection to fighting all wars - a position generally respected and accommodated by democratic states, while the latter is an objection to a specific war or conflict - theoretically and practically a much harder idea to accept and embrace for military institutions. However, a decade of conflict not clearly aligned to vital national interests combined with recent acts of selective conscientious objection by members of the military have led some to reappraise the situation and argue that selective conscientious objection ought to be legally recognised and permitted. Political, social and philosophical factors lie behind this new interest which together mean that the time is ripe for a fresh and thorough evaluation of the topic. This book brings together arguments for and against selective conscientious objection, as well as case studies examining how different countries deal with those who claim the status of selective conscientious objectors. As such, it sheds new light on a topic of increasing importance to those concerned with military ethics and public policy, within military institutions, government, and academia.

"United Nations publication. Sales no. E.12. XIV.3."

The term “conscientious objector” was not in use during the Civil War, but the concept certainly existed. This engrossing volume is an authoritative, thoroughly researched study of the whole problem of objection to warfare on religious or moral grounds, as it existed during the Civil War. The author covers five major areas: the types of individuals and which religious denominations were actually opposed to the war on conscientious grounds; what efforts were made on behalf of objectors and what changes took place in their political status; the attitude of the civil and military authorities toward objectors; the number of objectors; and, finally, a comparison of the problem of conscientious objection in the Civil War with the same problem as it existed for the United States during the First World War. The facts presented in this volume are of historical interest; the conclusions the author draws, however, are, if anything, more relevant and important today than they were during any other period in American history.

International human rights law grants individuals both rights and responsibilities. In this respect international criminal and international humanitarian law are no different. As members of the public international law family they are charged with the regulation, maintenance and protection of human dignity. The right and duty to disobey manifestly illegal orders traverses these three schools of public international law. This book is the first systematic study of the right to conscientious objection under international human rights law. Understanding that rights and duties are not mutually exclusive but complementary, this study analyses the right to conscientious objection and the duties of individuals under international law from various perspectives of public international law.

The First World War's appalling death toll and the need for a sense of equality of sacrifice on the home front led to Canada's first experience of overseas conscription. While historians have focused on resistance to enforced military service in Quebec, this has obscured the important role of those who saw military service as incompatible with their religious or ethical beliefs. Crisis of Conscience is the first and only book about the Canadian pacifists who refused to fight in the Great War. The experience of these conscientious objectors offers insight into evolving attitudes about the rights and responsibilities of citizenship during a key period of Canadian nation building.

This book examines the right to conscientious objection in international human rights law. It begins with an exploration of the concept of conscience and its evolution. Ozgur Heval o inar analyzes human rights law at both the international and regional level, considering UN, European, and inter-American mechanisms.

Although conscientious objection is a long-standing phenomenon, it has only recently become a major factor affecting armed forces and society. The only comprehensive, comparative scholarly study of conscientious objection to military service, this book examines the history of the practice in the Western world and state policies that have grown up in response to it. It shows how the contemporary refusal to bear arms is likely to be secular and widespread rather than religious and marginal, now including service people (as seen in the 1991 War in the Persian Gulf) as well as conscription resisters. No account of civil-military relations or peace movements in advanced industrial countries is complete without reference to conscientious objection, and this book will be the standard text on the subject.