Vahe Torosyan

CONSCIENTIOUS OBJECTION FROM MANDATORY MILITARY SERVICE IN THE PURPOSE OF FREEDOM AND CONSCIENCES

https://doi.org /10.59982/18294359-25.2-pz-04

Abstract

Conscientious objection to service in the armed forces on the basis of freedom of conscience and convictions is a relatively new phenomenon, the legislative recognition of which began at the beginning of the previous century, during the First World War in England, Denmark, and the Soviet Union. Although the issue under discussion is gradually disappearing in modern countries as a result of consistent steps towards a professional army, it retains its relevance, touching upon the delicate aspects of national and spiritual security. The issue is also exacerbated in the case of persons who volunteered for war, who during the war refuse to participate in a military campaign or undertaking, considering that it contradicts the idea of a just war and the dictates of their own conscience.
The scientific article analyzes the right to refuse compulsory military service on the basis of freedom of conscience and, in particular, religious conviction, which is also called the right to alternative service. The international legal framework of this right, the issue of convictions, the Armenian precedent, and the approach of domestic religious organizations, as well as the Armenian Apostolic Holy Church to these issues, are examined. As a conclusion, it is recorded that refusal from compulsory military service on the basis of freedom of conscience and convictions is a right recognized both at the national and international levels, which is characterized as a key component of the right to freedom of thought, conscience, and religion of a person.

Keywords: Conscientious objection, right to freedom of thought, conscience and religion, right to alternative service, Armenian Apostolic Holy Church, religion, belief, military service.

PAGES : 37-44

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