The battle for freedom of conscience in wartime Ukraine

Abstract

This article examines the issue of conscientious objection in Ukraine amidst the country’s ongoing war against Russian aggression. It argues that the suspension of alternative civilian service for conscientious objectors under martial law is inadvisable and indefensible, despite the concern for national defense. The analysis is presented in five sections: a historical overview of governmental responses to conscientious objectors, with particular focus on the illustrative case of the United States; a review of contemporary international and especially European human rights standards regarding conscientious objection and alternative service; an assessment of Ukraine’s current practices regarding the issue in light of those standards, suggestions for policy improvements with reference to the recent model and caution of South Korea; and reflections on the foundational importance and value of upholding freedom of conscience even during emergencies. This article argues that Ukraine can learn from historical and recent examples in bringing its policies and practices regarding conscientious objection into greater alignment with international norms and European standards.