Conscientious objector A conscientious objector ( CO ) is an " individual who has claimed the right to refuse to perform military service " on the grounds of freedom of thought , conscience , and / or religion . In general , conscientious objector status is only considered in the context of military conscription and is not applicable to volunteer military forces . In some countries , conscientious objectors are assigned to an alternative civilian service as a substitute for conscription or military service . Some conscientious objectors consider themselves pacifist , non - intervention ist , non - resistant , or antimilitarist . The international definition of conscientious objection officially broadened on March 8 , 1995 when 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 . " That definition was re - affirmed in 1998 , when the United Nations Office of the High Commissioner for Human Rights document called " Conscientious objection to military service , United Nations Commission on Human Rights resolution 1998 / 77 " officially recognized that " persons [ " already " ] performing military service may " develop " conscientious objections . " Historical introduction . Historically , many conscientious objectors have been executed , imprisoned , or otherwise penalized 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 objector status . An early recognition of conscientious objection was granted by William the Silent to the Dutch Mennonites in 1575 . They could refuse military service in exchange for a monetary payment . Formal legislation to exempt objectors from fighting was first granted in mid - 18th century Britain following problems with attempting to force Quakers into military service . In 1757 , when the first attempt was made to establish a professional national military reserve , a clause in the Militia Ballot Act allowed Quakers exemption from military service . In the United States , conscientious objection was permitted from the country ' s founding , although regulation was left to individual states prior to the introduction of conscription . International law . Nuremberg Principle IV . The Nuremberg Principles were a set of guidelines for determining what constitutes a war crime . The document was created by the International Law Commission of the United Nations to recognize the legal principles underlying the Nuremberg Trials of Nazi party members following World War II . Nuremberg Principle IV states : " The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law , provided a moral choice was in fact possible to him . " Universal Declaration of Human Rights . 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 : " Everyone has the right to freedom of thought , conscience and religion ; this right includes freedom to change his religion or belief , and freedom , either alone or in community with others and in public or private , to manifest his religion or belief in teaching , practice , worship and observance . " The proclamation was ratified during the General Assembly on 10 December 1948 by a vote of 48 in favour , 0 against , with 8 abstentions . In 1974 , the Assistant Secretary - General of the United Nations , Sean MacBride said , in his Nobel Lecture , " To the rights enshrined in the Universal Declaration of Human Rights one more might , with relevance , be added . It is ' The Right to Refuse to Kill . ' " In 1976 , the United Nations treaty the International Covenant on Civil and Political Rights entered into force . It was based on the Universal Declaration of Human Rights , and was originally created in 1966 . Nations that have signed this treaty are bound by it . Its Article 18 begins : " Everyone shall have the right to freedom of thought , conscience and religion . . . . " However , the International Covenant on Civil and Political Rights left the issue of conscientious objection inexplicit , as we see in this quote from War Resisters International : " Article 18 of the Covenant does put some limits on the right [ to freedom of thought , conscience and religion ] , stating that [ its ] manifestations must not infringe on public safety , order , health or morals . Some states argue that such limitations [ on the right to freedom of thought , conscience and religion ] would [ derivatively ] permit them to make conscientious objection during time of war a threat to public safety , or mass conscientious objection a disruption to public order . . . [ Some states ] even [ argue ] that it is a ' moral ' duty to serve the state in its military . " On July 30 , 1993 , explicit clarification of the International Covenant on Civil and Political Rights Article 18 was made in the United Nations Human Rights Committee general comment 22 , Paragraph 11 : " The Covenant does not explicitly refer to a right to conscientious objection , but the Committee believes that such a right can be derived from article 18 , inasmuch as the obligation to use lethal force may seriously conflict with the freedom of conscience and the right to manifest one ' s religion or belief . " In 2006 , the Committee has found for the first time a right to conscientious objection under article 18 , although not unanimously . In 1997 , an announcement of Amnesty International ' s forthcoming campaign and briefing for the UN Commission on Human Rights included this quote : " The right to conscientious objection to military service is not a marginal concern outside the mainstream of international human rights protection and promotion . " In 1998 , the Human Rights Commission reiterated previous statements and added " states should . . . refrain from subjecting conscientious objectors . . . to repeated punishment for failure to perform military service . " It also encouraged states " to consider granting asylum to those conscientious objectors compelled to leave their country of origin because they fear persecution owing to their refusal to perform military service . . . . " Handbook on Procedures and Criteria for Determining Refugee Status . The Handbook on Procedures and Criteria for Determining Refugee Status ( the Handbook ) of the Office of the United Nations High Commissioner for Refugees ( UNHCR ) states : " 171 . Not every conviction , genuine though it may be , will constitute a sufficient reason for claiming refugee status after desertion or draft - evasion . It is not enough for a person to be in disagreement with his government regarding the political justification for a particular military action . Where , however , the type of military action , with which an individual does not wish to be associated , is condemned by the international community as contrary to basic rules of human conduct , punishment for desertion or draft - evasion could , in the light of all other requirements of the definition , in itself be regarded as persecution . " Selective conscientious objection . United Kingdom Air Commodore Lionel Charlton 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 . ) On June 4 , 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 . " On March 8 , 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 . " On September 24 , 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 . " On May 25 , 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 ? " Religious motives . Cases of behaviour which could be considered as religiously motivated conscientious objection are historically attested long before the modern term appeared . For example , the Medieval " Orkneyinga Saga " mentions that Magnus Erlendsson , Earl of Orkney – the future Saint Magnus – had a reputation for piety and gentleness , and because of his religious convictions refused to fight in a Viking raid on Anglesey , Wales , instead staying on board his ship singing psalm s . The reasons for refusing to perform military service are varied . Many conscientious objectors cite religious reasons . Unitarian Universalists object to war in their sixth principle " The goal of world community with peace , liberty and justice for all " . Members of the Historic Peace Churches such as Quakers , Mennonites , Amish , Old Order Mennonite , Conservative Mennonites and Church of the Brethren object to war from the conviction that Christian life is incompatible with military action , because Jesus enjoins his followers to love their enemies and to refuse violence . Since the American Civil War , Seventh - day Adventists were known as non - combatants , and had done work in hospitals or to give medical care rather than combat roles , and the church has upheld the non - combative position . Jehovah ' s Witnesses and Christadelphians , while not pacifist in the strict sense , refuse to participate in the armed services on the grounds that they believe they should be neutral in worldly conflicts and often cite the latter portion of which states , " . . . neither shall they learn war anymore . " Other objections can stem from a deep sense of responsibility toward humanity as a whole , or from simple denial that any government possesses the moral authority to command warlike behavior from its citizens . In the early Christian Church followers of the Christ refused to take up arms . After the Roman Empire officially embraced Christianity , the Just War theology was developed in order to reconcile warfare with Christian belief . After Theodosius I made Christianity an official religion of the Empire , this position slowly developed into the official position of the Western Church . In the 11th century , there was a further shift of opinion in the Latin - Christian tradition with the crusade s , strengthening the idea and acceptability of Holy War . Objectors became a minority . Some theologians see the loss of a pacifist position as a great failing of the Church ; see Constantinian shift and Christian pacifism . Ben Salmon was a Catholic conscientious objector during World War I and outspoken critic of Just War theology . The Catholic Church denounced him and the " The New York Times " described him as a " spy suspect . " The US military ( in which he was never inducted ) charged him with desertion and spreading propaganda , then sentenced him to death ( this was later revised to 25 years hard labor ) . On June 5 , 1917 , Salmon wrote in a letter to President Wilson : 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 . In Armenia , young Jehovah ' s Witnesses have been imprisoned ( and remain in prison ) because of their conscientious objection to military service . The government of South Korea also imprisons hundreds for refusing the draft . In Switzerland , virtually every Jehovah ' s Witness is exempted from military service . The Finnish government exempts Jehovah ' s Witnesses from the draft completely . The following is said of the Seventh - day Adventists ( SDA ) by a neutral , non - SDA organization : " Many Seventh - day Adventists refuse to enter the army as combatants , but participate as medics , ambulance drivers , etc . During World War II in Germany , many SDA conscientious objectors were sent to concentration camps or mental institutions ; some were executed . Some Seventh - day Adventists volunteered for the US Army ' s Operation Whitecoat , participating in research to help others . The Church preferred to call them " conscientious participants " , because they were willing to risk their lives as test subjects in potentially life - threatening research . Over 2 , 200 Seventh - day Adventists volunteered in experiments involving various infectious agents during the 1950s through the 1970s in Fort Detrick , MD . " A schism arose during and after World War I between Seventh - day Adventists in Germany who agreed to serve in the military if conscripted and those who rejected all participation in warfare — the latter group eventually forming a separate church ( the Seventh Day Adventist Reform Movement ) . For believers in Indian 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 " , " 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 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 . Hindu beliefs do not go against the concept of war , as seen in the Gita . Both Sikhs and Hindus believe war should be a last resort and should be fought to sustain life and morality in society . Bahá ' ís are advised to do social service instead of active army service , but when this is not possible because of obligations in certain countries , the Bahá ' í law of " loyalty to one ' s government " is preferred and the individual should perform the army service . Some practitioners of pagan religions , particularly Wicca , may object on the grounds of the Wiccan rede , which states " An it harm none , do what ye will " ( or variations ) . The threefold law may also be grounds for objection . A notable example of a conscientious objector was the Austrian devout Roman Catholic Christian Franz Jägerstätter , who was executed on August 9 , 1943 for openly refusing to serve in the Nazi Wehrmacht , consciously accepting the penalty of death . He was declared Blessed by Pope Benedict XVI in 2007 for dying for his beliefs , and is viewed as a symbol of self - sacrificing resistance . Alternatives for objectors . 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 ) like hospitals , 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 . The idea of conscientious objection has existed since the incorporation of forced military service but was not officially recognized until the twentieth century , when it was gradually recognized as a fundamental human right as a part of the freedom of conscience . Despite the fact that international institutions like the United Nations ( UN ) or the Council of Europe ( CoE ) regard and promote conscientious objection as a human right , , 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 ( Democratic Republic of the Congo ) , conscientious objection is punished severely . While conscientious objectors used to be seen as deserters , traitors , cowards , slackers or simply un - patriotic , their image has changed drastically in the Western world in past decades . Especially in Europe , where objectors usually serve an alternative civilian service , they are regarded as making an equally important contribution to society as conscripts . Parallel to that , the number of objectors has risen significantly , too : e . g . , in Germany , where conscientious objection is a constitutional right , from less than one percent of all eligible men to more than fifty percent in 2003 . Conscientious objection around the world . Belgium . 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 . Women could not get this status either . Canada . Mennonites and other similar peace churches in Canada were automatically exempt from any type of service during World War I by provisions of the Order in Council of 1873 yet initially , many were imprisoned until the matter was again resettled . With pressure of public opinion , the Canadian government barred entry of additional Mennonite and Hutterite immigrants , rescinding the privileges of the Order in Council . During World War II , 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 shortage developed within the nation and another Conscription Crisis burgeoned , men were shifted into agriculture , education and industry . The 10 , 700 Canadian objectors were mostly Mennonites ( 63 % ) and Dukhobors ( 20 % ) . Czechoslovakia . 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 imprisoned . Both numbers were tiny . After the communist party lost its power in 1989 , alternative civil service was established . As of 2006 , both the Czech Republic and Slovakia have abolished conscription . Finland . Finland introduced conscription in 1881 , but its enforcement was suspended in 1903 as part of Russification . During the Finnish Civil War in 1918 , conscription was reintroduced for all able - bodied men . In 1922 , the option of noncombatant military service was introduced , but service in the military remained compulsory on pain of imprisonment . After the struggle of pacifist Arndt Pekurinen a law was passed providing for a peacetime - only alternative to military service , or civilian service ( Finnish " siviilipalvelus " ) . The law was dubbed " Lex Pekurinen " after him . During the Winter War , Pekurinen and other conscientious objectors were imprisoned , and Pekurinen was eventually executed at the front in 1941 , during the Continuation War . After the war , a conscientious objector ' s civilian service lasted 16 months , whereas military service was 8 months at its shortest . To qualify for civilian service , an objector had to explain his conviction before a board of inspection that included military officers and clergymen . In 1987 , the duration of the service was shortened to 13 months and the board of inspection was abolished . In 2008 , the term was further shortened to 12 months to match the duration of the longest military service ( that of officer trainees and technical crew ) . Today , a person subject to conscription may apply for civilian service at any time before or during his military service , and the application is accepted as a matter of course . A female performing voluntary military service can quit her service anytime during the first 45 days , however , if she wants to quit after those 45 days she would be treated like a male and assigned to civilian service . Persons who have completed their civilian service during peacetime have , according to the legislation enacted in 2008 , the right to serve in non - military duties also during a crisis situation . They may be called to serve in various duties with the rescue services or other necessary work of a non - military nature . Persons who declare themselves to be conscientious objectors only after a crisis has started must , however , prove their conviction before a special board . Before the new legislation , the right to conscientious objection was acknowledged only in peacetime . The changes to the service term and to the legal status of objectors during a crisis situation were made as a response to human rights concerns voiced by several international bodies , who are overseeing the implementation of Human Rights agreements . These organisations had demanded Finland to take measures to improve its legislation concerning conscientious objectors , which they considered discriminatory . None of these organisations have yet raised concerns on the current legislation . There are a small number of total objectors who refuse even civilian service , and are imprisoned for six months . This is not registered into the person ' s criminal record . Germany . Under the Nazis , conscientious objection was not recognized in the law . In theory , objectors would be drafted and then court - martialled for desertion . The practice was even more harsh : going beyond the letter of an already extremely bendable law , conscientious objection was considered subversion of military stength , a crime punished with normative death penalty . On September 15 , 1939 August Dickmann , one of Jehovah ' s Witnesses was the first conscientious objector of the war to be executed , he died by a firing squad at the Sachsenhausen concentration camp . Among others , the Bl . Franz Jägerstätter was martyrized after his conscientious objection , which was on the grounds that he could not fight in the forces of the evil side . He is now somewhat the patron saint of conscientious objectors . After World War II , there was no official right to conscientious objection in the German Democratic Republic . Nevertheless , and uniquely among the Eastern bloc , objections were accepted and the objectors assigned to construction units . They were however part of the military , so that a fully civilian alternative did not exist . Also , " construction soldiers " were discriminated against in their later professional life . According to Article 4 ( 3 ) of the German constitution ( Grundgesetz ) : " No person shall be compelled against his conscience to render military service involving the use of arms . Details shall be regulated by a federal law . " According to Article 12a , a law may be passed that requires every adult male to military service called " Wehrdienst " ; also , a law can require conscientous objections to a service of utterly non - military nature ( called " Zivildienst " ) no longer than the Wehrdienst . Both laws were passed , and , until the suspension of the draft in 2011 , required men to perform such actions . Initially , conscientious objectors had to be accepted , appearing in person , by committees installed for that purpose at the draft offices ( or contest a negative decision at the administrative court ) . The suspension of the procedure ( 1977 ) , allowing to " object with a post card " , was ruled unconstitutional in 1978 . Beginning in 1983 , the competence was shifted to the Zivildienst office ( judging over a written justification without appearing in person ) and was generally considered to be not much more than a formality . The Zivildienst was for times up to one third longer than the Wehrdienst , which seemed to contradict the Constitution at first sight but was jointly justified by the fact that soldiers could later be called to military exercises ( " Wehrübungen " ) , had to work longer , and that with the more lenient acceptation since 1983 , the will to endure some additional hardship should serve as a test of conscience ( ruled constitutional by the Court of Constitution in 1985 ) . The difference was decreased over time , and equal length was reintroduced in 2004 . The " Wehrdienst " was controversial through all the time of its existence . Among the reasons mentioned were : that people could be required to fight against their German co - nationals , that men were discriminated against , and that especially after the end of the Cold War , a rather arbitrarily selected part of a year ' s male youth was drafted ( by direct non - drafting of capable young men , and by , supposedly , artificially high standards in medical examination ) , contradicting the " service justice " ( " Wehrgerechtigkeit " ) . President Roman Herzog said in a speech in 1994 that only necessity for national defence , not any other arguments can justify the draft . ( Interestingly enough , the necessity of " Zivildienst " performers to assist in social services , especially in the health area , came to be generally considered such an " other argument " . ) Though the context clearly indicates that in his opinion this necessity was still given , the speech was frequently cited in favor of suspension . As of 2011 the draft has been halted in Germany , primarily for the latter reasons ( service justice , and a changed view of its necessity ) . Israel . All Israeli citizens and permanent residents are liable to military service . However , the Ministry of Defense has used its discretion under art . 36 of this law to automatically exempt all non - Jewish women and all Arab men except for the Druze from military service ever since Israel was established . Israeli Arabs may still volunteer to perform military service , but very few do so ( except among the Bedouin population of Israel ) . In discussing the status of the armed forces shortly after the founding of the State of Israel , representatives of orthodox religious parties argued that yeshiva students should be exempt from military service . This derives from the Jewish tradition that if a man wants to dedicate his life to religious study , society must allow him to do so . The request of orthodox political parties to ' prevent neglect of studying the Torah ' was granted by the authorities . But in recent years this exemption practice has become the subject of debate in Israeli society . The right to conscientious objection is not legally recognized in the case of men . It is only partially recognized in the case of women under art . 39 of the National Defense Service Law , which permits exemption on grounds of conscience but only if they are religious grounds . Women can claim exemption from military service on grounds of conscience under arts . 39 ( c ) and 40 of the Defense Service Law , according to which religious reasons can be grounds for exemption . 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 tribunal . Since 1972 , objectors could choose an alternative civilian service , which was eight months longer than standard military service ( fifteen months , then twelve , as for Army and Air Force , 24 months , then eighteen , then twelve as for the Navy ) . Since such length was judged too punitive , an arrangement was made to make the civilian service as long as the military service . Since 2004 , Italian males no longer need to object because military service has been turned into volunteer for both males and females . Marshall Islands . In the Republic of the Marshall Islands no person can be conscripted if , after being afforded a reasonable opportunity to do so , he has established that he is a conscientious objector to participation in war ( compare Marshall Islands Constitution Article II Section 11 ) . Russia . The Russian Empire allowed Russian Mennonite s to run and maintain forestry service units in South Russia in lieu of their military obligation . The program was under church control from 1881 through 1918 , reaching a peak of seven thousand conscientious objectors during World War I . An additional five thousand Mennonites formed complete hospital units and transport wounded from the battlefield to Moscow and Ekaterinoslav hospitals . After the Russian Revolution of 1917 , Leon Trotsky issued a decree allowing alternative service for religious objectors whose sincerity was determined upon examination . Vladimir Chertkov , a follower of Leo Tolstoy , chaired the " United Council of Religious Fellowships and Groups " , which successfully freed 8000 conscientious objectors from military service during the Russian Civil War . The law was not applied uniformly and hundreds of objectors were imprisoned and over 200 were executed . The United Council was forced to cease activity in December 1920 , but alternative service was available under the New Economic Policy until it was abolished in 1936 . Unlike the earlier forestry and hospital service , later conscientious objectors were classified " enemies of the people " and their alternate service was performed in remote areas in a gulag - like environment in order to break their resistance and encourage enlistment . South Africa . During the 1980s , hundreds of South African white males dodged the draft , refused the call - up or objected to conscription in the South African Defence Force . Some simply deserted , or joined organisations such as the End Conscription Campaign , an anti - war movement banned in 1988 , while 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 . South Korea . Since the establishment of the Republic of Korea , thousands of conscientious objectors had no choice but to be imprisoned as criminals . Every year about 500 young men , mostly Jehovah ' s Witnesses , are arrested for refusing the draft . South Korea ' s stance has drawn criticism from The U . N . Human Rights Committee , which argues that South Korea is violating article 18 of the ICCPR , which guarantees freedom of thought and conscience . In 2006 , 2010 , and again in 2011 the U . N . Human Rights Committee , after reviewing petitions from South Korean conscientious objectors , declared that the government was violating Article 18 of the ICCPR , the provision that guarantees the right to freedom of thought , conscience and religion . The government ' s National Action Plan ( NAP ) for the Promotion and Protection of Human Rights has not shown a clear stance on the pressing human rights issues such as , among other things , the rights of conscientious objectors to military service . In September 2007 the government announced a program to give conscientious objectors an opportunity to participate in alternative civilian service . The program stipulates three years of civilian service that is not connected with the military in any way . However , that program has been postponed indefinitely after the succeeding administration took office in 2008 . The government argues that introducing an alternative service would jeopardize national security and undermine social equality and cohesion . This is amid an increasing number of countries which retain compulsory service have introduced alternatives . In addition , some countries , including those with national security concerns have shown that alternative service can be successfully implemented . On January 15 , 2009 , the Korean Presidential Commission on Suspicious Deaths in the Military released its decision acknowledging that the government was responsible for the deaths of five young men , who were Jehovah ' s Witnesses and had forcibly been conscripted into the army . The deaths resulted from " the state ' s anti - human rights violence " and " its acts of brutality " during the 1970s that continued into the mid - 1980s . This decision is significant since it is the first one recognizing the state ' s responsibility for deaths resulting from violence within the military . According to the Commission ' s decision , " the beatings and acts of brutality committed against them by military officials were attempts to compel and coerce them to act against their conscience ( religion ) and were unconstitutional , anti - human rights acts that infringed severely upon the freedom of conscience ( religion ) guaranteed in the Constitution . " The records of conscientious objectors to military service are kept by a governmental investigative body as criminal files for five years . As a consequence , conscientious objectors are not allowed to enter a government office and apply for any type of national certification exam . It is also very unlikely that they will be employed by any company that inquires about criminal records . From 2000 to 2008 , Korean Military Manpower Administration said that at least 4 , 958 men have objected to service in the military because of religious beliefs . Among those , 4 , 925 were Jehovah ' s Witnesses , 3 were Buddhists , and the other 30 refused the mandatory service because of conscientious objections other than religious reasons . Since 1950 , there have been more than 16 , 000 Jehovah ' s Witnesses sentenced to a combined total of 31 , 256 years for refusing to perform military service . If alternative service is not provided , some 500 to 900 young men will continue to be added each year to the list of conscientious objectors criminalized in Korea . Spain . Conscientious objection was not permitted in Spain under the rule of Francisco Franco . Fronting the decreasing birth rate and the popular opposition to the army , the Spanish government tried to modernise the model carried from the Franco era , professionalizing it . The new army tried to provide an education for civilian life and participated in peace operations in Bosnia . Turkey . The issue is highly controversial in Turkey . Turkey , Armenia and Azerbaijan are the only three countries refusing to recognise 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 the conscientious objection of Osman Murat Ulke . 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 . As of March 2011 , there were 125 objectors including 25 female objectors in Turkey . Another 256 people of Kurdish origin also had announced their conscientious objection to military service . Conscientious objector İnan Süver was named a prisoner of conscience by Amnesty International . In 14 November 2011 , the Ministry of Justice announced that a draft proposed to legalise the conscientious objector in Turkey and it is going to be in effect two weeks after the President approves of the law change . This decision for legalization by the Turkish government is because of the pressures coming from European Court of Human Rights . ECHR gave the deadline to Turkish government until the end of year 2011 to legalize conscientious objection . Draft withdrew afterwards . A commission was founded within the National Assembly of the Republic to write a new constitution in 2012 . The commission is still on negotiations on various articles and conscientious objector is one the most controversial issues . United Kingdom . The country recognized the right not to fight in the 18th century following problems with attempting to force Quakers into military service . The Militia Ballot Act of 1757 allowed Quakers to be excluded from military service . It then ceased to be a major issue , since Britain ' s armed forces were generally all - volunteer . However , press gangs were used to beef up army and navy rolls on occasions from the sixteenth to the early nineteenth centuries . Pressed men did have the right of appeal , in the case of sailors , to the Admiralty . The Royal Navy last took pressed men in the Napoleonic War . A more general right to refuse military service was not introduced until during World War I , when Britain introduced conscription with the Military Service Act of March 1916 . The Act allowed for objectors to be absolutely exempted , to perform alternative civilian service , or to serve as a non - combatant in the army , according to the extent to which they could convince a Military Service Tribunal of the quality of their objection . Around 16 , 000 men were recorded as conscientious objectors , with Quakers , traditionally pacifist , playing a large role : 4500 objectors were sent to do ' work of national importance ' such as farming , 7000 were ordered non - combatant duties , but 6000 were forced into the army , and when they refused orders , they were sent to prison . When the well - known pacifist and religious writer Stephen Henry Hobhouse was drafted in 1916 , he and many other Quaker activists took the unconditionalist stand , refusing both military and alternative service — and these men too were sent to prison . Cases regarding conscientious objectors formed only a tiny proportion of Military Service Tribunals ' cases , estimated at 2 % ; in the first six months of following the Military Service Act , tribunals heard 750 , 000 cases , of which 16 , 000 ( the " total " number of conscience cases for 1916 – 18 ) is 2 . 13 % . Tribunals were notoriously harsh towards conscientious objectors , reflecting widespread public opinion that they were lazy , degenerate , ungrateful ' shirkers ' seeking to benefit from the sacrifices of others . Thirty - five objectors were taken to France and formally sentenced to death but immediately reprieved to 10 years in prison ; conditions were made very hard for conscientious objector prisoners — ten died in prison , and around seventy died elsewhere as a result of their treatment . Many objectors accepted non - combat service , for example working in the dangerous role of stretcher - bearers . Conscientious objectors who were deemed not to have made any useful contribution were disenfranchised for five years after the war , but there was no administrative machinery to enforce such disenfranchisement . Britain ' s 1916 conscription legislation did not apply to Ireland , despite its then status as part of the United Kingdom ; although the prospect of its introduction led to the Conscription Crisis of 1918 . Similarly , British conscription in World War II did not apply to either Northern Ireland . Nevertheless , many Irishmen volunteered to fight in both world wars . The various parts of the British Empire and Commonwealth had their own laws : in general , all the larger countries of the Empire participated , and some were , in proportion to their population , major participants . In World War II , following the National Service ( Armed Forces ) Act of 1939 , there were nearly 60 , 000 registered Conscientious Objectors . Testing by Conscientious Objection Tribunals resumed , this time chaired by a judge , but was much less harsh ; if you were not a member of the Quakers or some similar pacifist church , 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 . The tribunals could grant full exemption , exemption conditional on alternative service , exemption only from combatant duties , or dismiss the application . Of the 61 , 000 only 3 , 000 were given complete exemption and 18 , 000 were dismissed as false claimants . Of those directed to non - combatant military service almost 7 , 000 were allocated to the Non - Combatant Corps , set up in mid - 1940 ; its companies worked in clothing and food stores , in transport , or any military project not requiring the handling of " material of an aggressive nature " . In November 1940 it was decided to allow troops in the NCC to volunteer for work in bomb disposal . In total over 350 volunteered . Other non - combatants worked in the Royal Army Medical Corps . Other acceptable occupations were farm work , mining , firefighting , Ambulance Service . About 5 , 500 objectors were imprisoned , charged with offences relating to their unrecognised objection . A further 1 , 000 were court - martialled by the armed forces and sent to military detention barracks or civil prisons . Nevertheless , the social stigma attached to ' conchies ' ( as they were called ) was considerable : regardless of the genuineness of their motives , cowardice was often imputed . Britain retained conscription , with rights of conscientious objection , as National Service until 1960 . The use of only volunteer soldiers was hoped to remove the need to consider conscientious objectors . Ever since World War I , however , there have been volunteer members of the armed forces who have developed a conscientious objection to continuing in service ; a procedure was devised for them in World War II , and , with adaptations , it continues to this day . United States . During the American Revolutionary War , exemptions varied by state . Pennsylvania required conscientious objectors , who would not join companies of voluntary soldiers called Associations , to pay a fine roughly equal to the time they would have spent in military drill . Quakers who refused this extra tax had their property confiscated . The first conscription in the United States came with the Civil War . Although conscientious objection was not part of the draft law , individuals could provide a substitute or pay $ 300 to hire one . By 1864 the draft act allowed the $ 300 to be paid for the benefit of sick and wounded soldiers . Conscientious objectors in Confederate States initially had few options . Responses included moving to northern states , hiding in the mountains , joining the army but refusing to use a weapon , or imprisonment . Between late 1862 and 1864 a payment of $ 500 into the public treasury exempted conscientious objectors from Confederate military duty . In the United States during World War I , conscientious objectors were permitted to serve in noncombatant military roles . About 2000 absolute conscientious objectors refused to cooperate in any way with the military . These men were imprisoned in military facilities such as Fort Lewis ( Washington ) , Alcatraz Island ( California ) and Fort Leavenworth ( Kansas ) . Some were subjected to treatment such as short rations , solitary confinement and physical abuse severe enough as to cause the deaths of two Hutterite draftees . Eventually , because of the shortage of farm labor , the conscientious objectors were granted furloughs either for farm service or relief work in France under the American Friends Service Committee . A limited number performed alternative service as fire fighters in the Cascade Range in the vicinity of Camp Lewis , Washington and in a Virginia psychiatric hospital . During World War II , all registrants were sent a questionnaire covering basic facts about their identification , physical condition , history and also provided a checkoff to indicate opposition to military service because of religious training or belief . Men marking the latter option received a detailed form in which they had to explain the basis for their objection . Civilian Public Service ( CPS ) provided conscientious objectors in the United States an alternative to military service during World War II . From 1941 to 1947 nearly 12 , 000 draftees , unwilling to do any type of military service , performed " work of national importance " in 152 CPS camps throughout the United States and Puerto Rico . Alternatives to war bonds and war savings stamps were provided for those who would not fund the war for conscientious reasons . National Service Board for Religious Objectors offered " civilian bonds " and Mennonite Central Committee offered " Civilian Public Service stamps " and " War Sufferers ' Relief stamps " . Civilian Public Service was disbanded in 1947 . By the early 1950s a replacement program , 1 - W service , was in place for conscientious objectors classified as 1 - W by Selective Service . The new program eliminated the base camps of CPS and provided wages for the men . 1 - W service was divided into several categories . The " Earning Service " involved working in institutions such as hospitals for fairly good wages . " Voluntary Service " was nonpaying work done in similar institutions , mostly within North America . " Pax Service " was a nonpaying alternative with assignments overseas . " 1 - W Mission Supporting Service " was like the Earning Service but the wages were used for the support of mission , relief or service projects of the draftees choice . The nonpaying services were promoted by church agencies as a sacrifice to enhance the peace witness of conscientious objectors . Today , the two main criteria for classification as a conscientious objector are that the objector must be opposed to war in any form , and the objection must be sincere . A 1971 United States Supreme Court decision , " Gillette v . United States " , broadened U . S . rules beyond religious belief but denied the inclusion of objections to specific wars as grounds for conscientious objection . Other countries . As of 2005 , conscientious objectors 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 twice as long as the corresponding military service and in Switzerland , the Civilian Service is one and one - half times longer . In 2005 , the Swiss parliament considered whether willingness to serve one and a half times longer than an army recruit was sufficient proof of sincerity , citing that the cost of judging the state of conscience of a few thousand men per year was too great . Conscientious objection in Professional forces . Only three European Union countries – Germany , the Netherlands and the United Kingdom – recognize the right to conscientious objection for contract and professional military personnel , 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 scheduled only if the written testimonials have been unconvincing ; in practice , due to the heavy workload — about half of all draftees in a given year file 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 . These are common questions from Swiss hearings . By and large , these are asked in many other countries . They help to determine if the objector is politically motivated or if he is just too lazy to serve the country ; or if he truly has a conflict stemming from his conscience . Arguments like " The army is senseless , " " It is not just to wage wars , " or opposition to involvement in a specific war ( World War II , the Vietnam War , the Iraq War ; a hypothetical war of West Germany against fellow Germans from the GDR during the Cold War ) will hardly ever be accepted . He has " only " , and " convincingly " , to show that his conscience does not allow participation in an organization which is intended to use violence . Criticism . 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 , according to the interrogators ready to accept the death of a fellow human being , and therefore able to serve in the military . Otherwise , if you are willing to allow the other person use of the plank you are willing to die and therefore not credible . In other examples , the interviewers would ask if one was ready to kill in self - defense or in the defense of a friend or family member or why one had not revoked their driver ' s license , for driving carries a risk of accidentally killing someone . In Britain during World War I , there was an argument put forth by a conscientious objector who 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 ' . 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 rather , possible future actions which , with a great probability , will never take place . Similar hearings and questions about hypothetical situations were in use in Finland for most 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 marking the appropriate checkbox on a form , but hearings are no longer held . If conscripts turn into conscientious objectors during their service , the Defense Force will inquire of their reasons for internal research purposes , but the objectors are not required to answer unless they wish to do so . Usually , a conscientious objector will be released from the military within a few hours of making the claim .