International Law

Keith Goddard

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TURKEY

Report of the Working Group on Arbitrary Detention
E/CN.4/2001/14

91. The Working Group notes that conscientious objection - which has its theoretical basis in the freedom of conscience and thus of opinion - gives rise, particularly in countries that have not yet recognized conscientious objector status, to repeated criminal prosecutions followed by sentences of deprivation of liberty which are renewed again and again.

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Turkey
Practice of religion during performance of military service

CASE OF THLIMMENOS v. GREECE

(Application no. 34369/97)

JUDGMENT

STRASBOURG

6 April 2000

In the case of Thlimmenos v. Greece,

The European Court of Human Rights, sitting as a Grand Chamber composed of the following judges:

Mr L. Wildhaber, President,
Mrs E. Palm,
Mr L. Ferrari Bravo,
Mr L. Caflisch,
Mr J.-P. Costa,
Mr W. Fuhrmann,
Mr K. Jungwiert,
Mr M. Fischbach,
Mr B. Zupančič,
Mrs N. Vajić,
Mr J. Hedigan,
Mrs W. Thomassen,
Mrs M. Tsatsa-Nikolovska,
Mr T. Panţîru,
Mr E. Levits,
Mr K. Traja,
Mr G. Koumantos, ad hoc judge,

Some regard International law as a tool to abolish war or - at least - to limit the risk of war.

Others see International Law just as a legitimisation of so-called "just wars", wars legitimised by the UN Charter. Besides these general positions, what role can International Law play in the peace movement's struggle against war? What difference did the International War Crimes Tribunal on former-Yugoslavia make? While it condemns war crimes, does it at the same time justify the military, as the military is the only force capable of arresting war criminals?

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85. The national legislation reportedly does not guarantee the right to conscientious objection on grounds of religious belief.

Views of the Human Rights Committee under article 5, paragraph 4,

of the Optional Protocol to the International Covenant on Civil

and Political Rights

- Sixty-seventh session -

Communication No 682/1996

Submitted by: Paul Westerman(represented by E. Th. Hummels, legal counsel)

Alleged victim: The author

State party: The Netherlands

Date of communication: 22 November 1995

The Human Rights Committee, established under article 28 of the International Covenant on Civil and Political Rights,

Human rights of conscripts

1. In most Council of Europe member states defence is based on national military service and the people’s obligation to serve their country for a period limited by law. These conscripts, like all soldiers, must be regarded as citizens in uniform.2

Human rights of conscripts

1. The Assembly refers to its Resolution 1166 (1998) on the human rights of conscripts, in which it invites member states to allow conscripts to enjoy civil and social rights and to grant them a status of "citizen in uniform", in strict respect of the European Convention on Human Rights.

The European Commission of Human Rights sitting in private on
12 January 1998, the following members being present:

Mr S. TRECHSEL, President
MM J.-C. GEUS
E. BUSUTTIL
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.-C. SOYER
MM H. DANELIUS
F. MARTINEZ
C.L. ROZAKIS
Mrs J. LIDDY
MM L. LOUCAIDES
B. MARXER
M.A. NOWICKI
I. CABRAL BARRETO

Concluding observations of the Human Rights Committee : Belarus.

19/11/1997.

CCPR/C/79/Add.86. (Concluding Observations/Comments)

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16. The Committee notes the statement of the delegation of Belarus that legislation on conscientious objection to military service is envisaged. In this regard: