More Layers to Consider: Andrea Pin on Bayatyan v. Armenia

In Bayatyan v. Armenia (2011), the European Court of Human Rights recognized for the first time that the right to conscientious objection to military service must be protected by the state. In this video, Andrea Pin of the University of Padua shares his views on Bayatyan, the right to object, and the Court itself. While Pin supports the protection of objector rights, over time he began to discern additional layers inherent in the ECtHR judgment. Pin raises rule of law concerns over Bayatyan and wonders if such strong and unconditional protection is realistic and practically survivable in a world where countries are increasingly open to waging war against each other.

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Greek Tragedy: Gideon Sapir on Why He Is Now Critical of the Israeli Supreme Court’s Decisions on Religious Exemption from Military Service

In Rubinstein v. The Minister of Defense (1998) and several subsequent cases, the Israeli Supreme Court invalidated executive branch administrative acts and Knesset laws granting exemptions from military service for ultra-Orthodox Jewish Yeshiva students. In its reasoning, the Supreme Court mainly referred to separation-of-power and equality issues. While he initially supported some of these decisions, Gideon Sapir (Bar-Ilan University) eventually changed his opinion for several reasons explained in this video.

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Conscientious Objection to the Military Service: A Right in Progress

The right to conscientiously object to the military service is well established in international law and “can be derived from the right to freedom of thought, conscience and religion or belief.” However, in many countries across the globe, believers of different religions and belief systems continue to face challenges in gaining access to alternative service and, more broadly, practicing their belief not to bear arms and participate in military service.

Photo by Amnesty International

This blog series provides case studies that illustrate such challenges in various contexts. Mine Yildirim discusses the heavy long-term legal and social consequences that non-recognition of objectors’ rights produces in Turkey. Ihntaek Hwang explains why the South Korean approach to alternative service remains punitive and aims to sanction those refusing to be conscripted. Nikolay Honhannisyan demonstrates on the selectiveness of the Armenian government in providing the right to object to believers of different religions. Moshe Jaffe shows how the Israel/Gaza war has changedthe debates over and the legal framework of the exemption for yeshiva students from ultra-Orthodox Jewish communities. Finally, Paola Goulart de Souza Spikes elaborates on why the Brazilian constitution does not allow exemptions from military service during war time.

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