Conscientious Objection to Military Service

Following Russia’s full-scale invasion in February 2022, Ukraine declared martial law and imposed a travel ban on most adult men. These aspects of Ukraine’s response to Russia’s invasion have raised questions about the human right to conscientious objection in Ukraine. This article adds to understanding about conscientious objection as a human right that requires careful protection, including in times of war. It examines frameworks governing conscientious objection claims in Ukraine and comparator states. We also map the relevant international legal framework, with particular focus on how the UN Human Rights Committee and the UN Working Group on Arbitrary Detention have addressed conscientious objection. We conclude that Ukraine can and should widen the availability of conscientious objection claims to meet its obligations under international human rights law, ensure that the process for assessing these claims is fair and impartial, and design alternative service programs that are equitable by comparison to military service. By seeking to adhere to its obligations under international human rights law, even at a time of national emergency due to Russia’s illegal invasion, Ukraine can promote compliance with international norms and protect the human right to conscientious objection to the fullest possible extent.