Thailand: Netiwit’s Conscientious Objection Case Moves Forward

On 10–11 September, hearings took place in the case of Netiwit Chotiphatphaisal, the Thai activist and conscientious objector who is on trial for refusing military service. Witness testimony concluded across the two days, and the court formally scheduled the verdict for 3 November 2025.

However, the case may not conclude so quickly. The court indicated that it could refer the articles of the Military Service Act under which Netiwit is charged to the Constitutional Court. This would mean that before giving a verdict in his individual case, the provincial court may wait for a constitutional ruling on whether those legal provisions themselves are valid.

If the Constitutional Court has not issued its ruling by the verdict date, then the provincial court may delay giving its verdict in Netiwit’s case.

Potential Impact Beyond Netiwit’s Case

A referral to the Constitutional Court could have consequences beyond Netiwit’s case. In Thailand, there is military conscription and the right to conscientious objection is not recognised. Each April, men aged 21 and above are drafted through a lottery: a red card means up to two years of mandatory service, while a black card grants exemption. Voluntary enlistment is also possible.

Netiwit’s case is the first legal challenge in Thailand addressing conscientious objection. If successful, it would mark a step toward recognition of this right and could reshape the draft system, which affects more than 100,000 men every year.

Netiwit has consistently framed his refusal in terms of conscience. In a Facebook post on 10 September, he wrote that he remains committed to his convictions, proud to act according to his beliefs, and that he sees his case as a step toward ending mandatory conscription — giving future generations the option to serve their country peacefully and creatively.

What’s next

The immediate question is whether the provincial court will refer the case to the Constitutional Court. If such a referral takes place, the verdict scheduled for November will likely be postponed until the higher court rules on the contested provisions. Whatever the timing, the outcome will carry broader implications for Thailand’s military service system and for the recognition of conscientious objection in the country.

In Solidarity

As we stated ahead of the hearings, all charges against Netiwit should be dropped. Conscientious objection is not a crime; it is a right protected under international human rights law.

We will continue to monitor Netiwit’s case and share updates, including any referral to the Constitutional Court. WRI stands in solidarity with Netiwit and with all those in Thailand resisting compulsory military service.