International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Illegal Orders


Book Description

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.




Conscientious Objection to Military Service in International Human Rights Law


Book Description

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.




The Right to Conscientious Objection to Military Service and Turkey’s Obligations under International Human Rights Law


Book Description

This study examines Turkey's non-recognition of the right to conscientious objection to military service and locates this non-recognition within the context of international human rights law - specifically United Nations and European Union system.







Conscientious Objection to Military Service


Book Description

The assessment of claims of conscientious objection to military service under freedom of religion or belief provisions has been an evolutive process in international human rights law. In Turkey, the right to conscientious objection to military service is not recognized, nor is there a specific punishment due for non-performance of military service on grounds of religious or philosophical beliefs. Military service is compulsory for every Turkish male citizen. The article in hand aims, firstly, to provide a survey on the status of the right to conscientious objection to military service in international human rights law and to propose a harmonizing interpretation that would allow for the evaluation of cases of conscientious objection under relevant provisions protecting freedom of religion or belief and secondly, to evaluate the Turkish legislation in relation to conscientious objection to military service and highlight human rights issues that arise due to a lack of legal regulation on conscientious objection to military service.




Conscientious Objection and Human Rights


Book Description

To which extent is it legitimate, in view of freedom of conscience and religion, to sanction individuals for refusing to take part in an activity they claim to be incompatible with their moral or religious convictions? To answer this question, this study first clarifies some of the concepts of conscientious objection. Then it examines the case law of international bodies and draws distinctions in order to differentiate several types of objections, hence identifying the evaluation criteria applicable to the respect that each one deserves. Finally, this study proposes indications as to the rights and obligations of the State in front of those different types of objections.










Conscientious Objection


Book Description

Refusing to take part in war is as old as war itself. This wide-ranging and original book brings together four different bodies of knowledge to examine the practice of conscientious objection: historical and philosophical analyses of conscientious objection as a critique of compulsory military service and militarization; feminist, LGBT and queer analyses of conscientious objection as a critique of patriarchy, sexism, and heterosexism; activist and academic analyses of conscientious objection as a social movement and individual act of resistance; legal analyses of the status of conscientious objection in international and national law. Conscientious objection is an increasingly important subject of academic and political debate in countries including the US, Israel and Turkey. This book provides a much needed introduction and tool for making sense of the history of nation-states in the 20th century and understanding the political developments of the early 21st century.