Conscription, coercion and International human rights law

Abstract

The aim of the work is examines the complexities surrounding conscription within the context of Ukraine’s ongoing conflict with Russia. It provides a detailed analysis of the historical evolution of military conscription, highlighting its role in state formation and defense across different eras. The paper explores the legal frameworks governing conscription, including international human rights law, and the balance between national security and individual rights. The article discusses the significant challenges Ukraine faces in mobilizing its armed forces amidst prolonged conflict, including the waning enthusiasm for enlistment and the increasing demand for additional soldiers. It delves into the societal divisions over compulsory military service, contrasting views on its necessity versus its human rights implications. Key sections cover the historical origins and variations of conscription, its impact during major global conflicts, and contemporary practices in different countries. The paper also analyzes the legal and ethical dimensions of conscription, particularly the limitations imposed by international human rights standards. Overall, the article aims to provide a comprehensive understanding of conscription’s role in modern warfare and the legal and moral considerations involved, offering insights into how Ukraine can navigate its current mobilization efforts while upholding human rights.

Research methodology. This study employs a multifaceted research methodology to comprehensively examine the issue of conscription, particularly within the context of Ukraine’s current conflict with Russia. The methodology is designed to capture both historical and contemporary perspectives on conscription, analyze legal frameworks, and assess the ethical and practical implications of mandatory military service. The research methodology includes the following components: Legal Analysis: to analyze the legal frameworks governing conscription, with a focus on international human rights standards and domestic legislation. Case Studies: to explore practical examples and real-world applications of conscription policies. Analysis of conscription practices in various countries, including historical case studies and contemporary examples. Case studies include Ukraine’s current mobilization efforts, as well as practices in countries with mandatory military service such as Switzerland, Israel, and South Korea. The case studies provide insight into how different nations handle conscription and its consequences. Comparative Analysis: to compare conscription practices and their impacts across different contexts. Comparison of conscription systems in various countries to identify similarities, differences, and best practices. This involves analyzing the effectiveness of different conscription models and their compliance with international human rights standards. This research methodology aims to provide a comprehensive understanding of conscription’s role in state defense and its implications for human rights, drawing on historical analysis, legal evaluation, empirical data, and ethical considerations.

The subject is legal customs, legal doctrine, International human rights law, legislation of Ukraine and the legislation of foreign countries in the field of the conscription.

Conclusions. The author of the mentioned study comes to the conclusion that the system of military conscription played an important role in the state’s growing regulation of society and in shaping the mentalities and actions of the public. It was also an important element for defining citizenship in modern times. But at the same time it became one of the most highly contested public issues. Conscription is not in and of itself unlawful. However, international human rights law may interpret certain actions of the state as criminal, in particular the mobilization of minors, etc. Defending the Motherland is a constitutional duty of every citizen, as defence is one of the most important functions of the state and is the business of the entire nation.

Every citizens and sodiers, both those who have chosen military service as their profession and those who are volunteers who have stood up to defend the Motherland in difficult times, sacrificing their own lives, must always remember that serving the country is a sacred duty of every citizens.

It seems that the final choice is in favor of forced or voluntary сonscription of the armed forces has not yet been completed, and it is Ukraine that can be the bearer of a new trend that will have its influence and spread in the region and throughout Europe. Ukrainian society today is a certain indicator of this process, it is Ukraine that is the bearer of the trend of reviving forced recruitment, to which several European countries have turned in recent years.