The Venice Commission believes that during the war the state should guarantee an alternative service

The Venice Commission of the Council of Europe insists that even during the war, the state should ensure the right to an alternative (non -military) service without the need to wear weapons.

Source: “European Truth” with reference to the advisory opinion of the Venice Commission

Details: “Venice” argue that by a letter dated December 4, 2024, the Acting Chairman of the Constitutional Court of Ukraine appealed to the commission to provide the conclusion of Amicus Curiae on the alternative (non -military) service.

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The commission noted that in accordance with the European Convention on Human Rights, but not an international pact on civil and political rights, deviations from the right to abandon military service for conscience are possible, but only to the extent that the severity of the situation requires.

“According to the ECLP, as well as the IPGP, states have a positive obligation to create a system of alternative service, which must be separated from the military system, not be punitive and not go beyond reasonable time restrictions,” – the conclusion reads.

The Venice Commission believes that the nature of the rejection of military service for reasons of conscience implies that it cannot be completely excluded during the war, although states have limited freedom of discretion, especially in the case of general mobilization.

“However, the Venice Commission believes that under no circumstances, a person who refuses military service for conscience may not be obliged to wear or use weapons, even for the country’s self -defense,” Venice said.

Recall:

• The Venice Commission of the Council of Europe believes that the abolition of the results of the presidential election by the Constitutional Court of Romania is possible only in emergency situations and should be adopted in a transparent way.