The United Nations

The different bodies of the United Nations have repeatedly dealt with the question of conscientious objection to military service. The UN General Assembly resolution on the “Status of persons refusing service in military or police forces used to enforce apartheid (Resolution 33/165)” from 20 December 1978 recognised “the right of all persons to refuse service in military or police forces which are used to enforce apartheid”.

Both, the former Commission on Human Rights, and the Human Rights Council, which replaced the Commission in 2006, have recognised the right to conscientious objection in numerous resolutions since 1987, with the Human Rights Council reaffirming the resolutions of the former Commission on Human Rights in its resolution from 5 July 2012.

The issue of conscientious objection to military service is repeatedly taken up during the Universal Periodic Review of all member States of the United Nations within the framework of the Human Rights Council. In addition, several of the Special Procedures of the Human Rights Council are relevant to the question of conscientious objection, especially:

An overview of some other potentially relevant Special Procedures is given on this page.

Two human rights treaties are especially relevant for conscientious objectors to military service:

  • the International Covenant on Civil and Political Rights (ICCPR), which is overseen by the Human Rights Committee. Article 18 of the ICCPR recognises the freedom of thought, conscience and religion, and the interpretations and jurisprudence of the Human Rights Committee have established that this includes the right to conscientious objection to military service.
  • the Convention on the Rights of the Child, and the Optional Protocol on Children in Armed Conflict do not directly deal with conscientious objection, but are relevant in relation to the recruitment of under-18s.

In addition, the Office of the United Nations High Commissioner for Human Rights (OHCHR) and its country presences can be of use to conscientious objectors.