The Right to Conscientious Objection to Military Service at the Crossroads: Standards of Protection in Times of War

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In response to increased military threats in Europe, particularly the Russian aggression against Ukraine, international legal standards regarding the right to conscientious objection to military service are being reinterpreted to give greater weight to collective values over individual rights. Novelty: ClaimNovelty.INCREMENTAL. Consensus alignment: ConsensusAlignment.NEUTRAL.

Đorđe Gardašević; Ana Horvat Vuković; Fran Marko Stojković

doi:10.20901/pm.63.1.03

January 1, 2026Open Access

The Right to Conscientious Objection to Military Service at the Crossroads: Standards of Protection in Times of War

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Key Points

This research examines the need for stronger international protection for conscientious objection to military service in light of current geopolitical tensions.
Historical context analysis of conscientious objection rights.
Review of international legal protections and their development by European and UN bodies.
Analysis of rulings from German and Ukrainian courts, along with the Venice Commission's recent opinions.
International legal standards for conscientious objection have expanded significantly by the early 21st century.
Current legal protections emphasize the absolute nature of the right to conscientious objection.
Recent court rulings indicate a trend toward prioritizing collective values over individual rights in Europe.

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Implication

The paper demonstrates evolving international protection standards for conscientious objection in Europe amid rising military threats.

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Gardašević et al. (2026) studied this question.

synapsesocial.com/papers/6a080b17a487c87a6a40d1f0 https://doi.org/10.20901/pm.63.1.03

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The Right to Conscientious Objection to Military Service at the Crossroads: Standards of Protection in Times of War

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The Right to Conscientious Objection to Military Service at the Crossroads: Standards of Protection in Times of War

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