Izvorni znanstveni članak
https://doi.org/doi.org/10.20901/pm.63.1.03
THE RIGHT TO CONSCIENTIOUS OBJECTION TO MILITARY SERVICE AT THE CROSSROADS: STANDARDS OF PROTECTION IN TIMES OF WAR
Đorđe Gardašević
; Sveučilište u Zagrebu, Pravni fakultet
Ana Horvat Vuković
orcid.org/0000-0002-8451-5620
; Sveučilište u Zagrebu, Pravni fakultet
Fran Marko Stojković
orcid.org/0000-0002-3122-8978
; Sveučilište u Zagrebu, Pravni fakultet
Sažetak
Although the human rights systems of the Council of Europe and the United Nations did not initially recognize the right to conscientious objection to military service, through the actions of relevant political and judicial bodies, this right was gradually recognized and, by the beginning of the twenty-first century, afforded a high level of protection under international law. This paper argues that, however, in the context of the prevailing perception of heightened military threats to European states resulting from Russia’s aggression against Ukraine, this right is now being reinterpreted in Europe in favor of greater protection of collective values. This argument is developed in three stages. The first one outlines the historical context relevant to the emergence of the right to conscientious objection to military service at the international level. The second one presents the key features of its current protection under international law, particularly its absolute and non-derogable nature. The final one, relying on the analysis of decisions of the German and Ukrainian courts, as well as a recent opinion of the Venice Commission, shows characteristic patterns in the reinterpretation of identified international standards of protection of this right in Europe, aimed at strengthening collective values.
Ključne riječi
Conscientious Objection; Military Service; Art. 9 of the European Convention for Human Rights; Art. 18 of the International Covenant for Civil and Political Rights; State of Emergency
Hrčak ID:
347122
URI
Datum izdavanja:
12.5.2026.
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