The Supreme Court of Ukraine has ruled that during martial law, religion does not exempt citizens from military service. In particular, this applies to Jehovahʼs Witnesses, whose religious beliefs prohibit military service.
The decision was made in connection with criminal proceedings in which the courts of previous instances found a man guilty of failing to appear at the TRC without worthy reason after receiving a summons. The defendant was sentenced to three years in prison under Article 336 of the Criminal Code of Ukraine.
In the cassation appeal, the defendantʼs defense attorney pointed out that he did not appear at the military registration and enlistment office because he is a Jehovahʼs Witness. The suspectʼs deep religious beliefs do not allow him to perform any military service, the defense argued, and therefore criminal liability should be excluded.
The Supreme Court noted that Ukraine has introduced alternatives to military service in peacetime. However, during hostilities and mobilization, the duty to protect the state rests with all citizens, regardless of their religion, it added.
The court does not resort to the decisions of the European Court of Human Rights on conscientious objection to military service. The argument was that none of the ECHR decisions concern the assessment of the actions of the state and a citizen in the context of such a large-scale war as is currently underway.
The press service adds that Ukraine has announced a general mobilization of all military personnel. At the same time, the ECHR cases refer to military service by conscription, which takes place in peacetime.
"In the Courtʼs opinion, the stateʼs being in the legal regime of martial law is a worthy reason to talk about the need for all citizens of Ukraine, including Jehovahʼs Witnesses, to perform military service," the Supreme Court concluded.
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