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Study Guide: Conscientious Objection: Historical Context, Legal Frameworks, and Global Perspectives

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Conscientious Objection: Historical Context, Legal Frameworks, and Global Perspectives Study Guide

Foundational Concepts and Historical Origins

Maximilianus, the earliest recorded conscientious objector, was canonized as a saint after being executed for refusing military service in 295 AD.

Answer: True

Explanation: Maximilianus is recognized as the earliest recorded conscientious objector, executed in 295 AD for refusing military service due to religious convictions, and later canonized as Saint Maximilian.

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Formal legislation to exempt objectors from fighting was first granted in the United States through the Pennsylvania Constitution of 1790.

Answer: False

Explanation: Formal legislation to exempt objectors from fighting was first granted in mid-18th-century Great Britain with the Militia Ballot Act of 1757. While U.S. state constitutions like Pennsylvania's (1790) and New Hampshire's (1784) recognized the right not to bear arms, they were not the first formal legislation globally.

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Both Pennsylvania's Constitution of 1790 and New Hampshire's Constitution of 1784 recognized an individual's right not to bear arms.

Answer: True

Explanation: Both the Pennsylvania Constitution of 1790 and the New Hampshire Constitution of 1784 contained provisions acknowledging an individual's right to refuse to bear arms based on conscientious scruples.

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According to the fundamental definition, what is the primary basis for a conscientious objector to decline military service?

Answer: Freedom of conscience or religious beliefs.

Explanation: The fundamental definition of a conscientious objector centers on the assertion of a right to decline military service based on deeply held freedom of conscience or religious beliefs.

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Which individual is recognized as the earliest recorded conscientious objector?

Answer: Maximilianus

Explanation: Maximilianus, who refused military service in 295 AD due to religious convictions, is recognized as the earliest recorded conscientious objector.

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Religious and Ethical Underpinnings

Seventh-day Adventists are known as combatants, preferring direct military engagement over non-combatant roles.

Answer: False

Explanation: Seventh-day Adventists are known as non-combatants, typically preferring roles in medical care or hospitals rather than direct military engagement.

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The Catholic Church teaches that public authorities should make equitable provisions for conscientious objectors, who are then obliged to serve the human community in some other way.

Answer: True

Explanation: The Catechism of the Catholic Church (point 2311) affirms that public authorities should make equitable provisions for conscientious objectors, who are then obliged to serve the human community in alternative ways.

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Jehovah's Witnesses and Christadelphians justify their refusal to participate in armed services based on their belief in active engagement in worldly conflicts.

Answer: False

Explanation: Jehovah's Witnesses and Christadelphians justify their refusal to participate in armed services based on their belief in neutrality in worldly conflicts, often citing Isaiah 2:4.

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Franz Jägerstätter was executed in 1943 for refusing to serve in the Nazi Wehrmacht and was later declared Blessed by Pope Benedict XVI.

Answer: True

Explanation: Franz Jägerstätter was executed on August 9, 1943, for his refusal to serve in the Nazi Wehrmacht and was beatified by Pope Benedict XVI in 2007.

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Which of the following is NOT typically considered a Historic Peace Church that cites religious reasons for conscientious objection?

Answer: Seventh-day Adventists

Explanation: While Seventh-day Adventists are non-combatants, they are not typically categorized as a Historic Peace Church alongside groups like Quakers, Mennonites, and the Church of the Brethren.

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What is the Catholic Church's teaching regarding the obligation of conscientious objectors after being granted exemption from bearing arms?

Answer: They are obliged to serve the human community in some other way.

Explanation: The Catholic Church teaches that conscientious objectors, after being granted exemption from bearing arms, are still obliged to serve the human community through alternative means.

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Which scriptural basis do Jehovah's Witnesses and Christadelphians often cite for their refusal to participate in armed services?

Answer: Isaiah 2:4, '...neither shall they learn war anymore.'

Explanation: Jehovah's Witnesses and Christadelphians frequently cite the latter portion of Isaiah 2:4, '...neither shall they learn war anymore,' as a scriptural foundation for their non-participation in armed services.

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Franz Jägerstätter, a notable conscientious objector, was executed for refusing to serve in the Nazi Wehrmacht on what date?

Answer: August 9, 1943

Explanation: Franz Jägerstätter was executed on August 9, 1943, for his refusal to serve in the Nazi Wehrmacht.

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Conscientious Objection in the United States

In the United States, selective conscientious objection, which is the refusal to participate in a particular war, is recognized by law.

Answer: False

Explanation: U.S. law, as established by the Supreme Court in *Gillette v. United States* (1971), does not recognize selective conscientious objection; exemption is granted only to those who oppose all wars, not specific conflicts.

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Which U.S. Supreme Court case ruled that the exemption for conscientious objectors applies only to those who oppose participation in all war, not to those who object to a specific conflict?

Answer: Gillette v. United States (1971)

Explanation: In *Gillette v. United States* (1971), the Supreme Court ruled that conscientious objector status applies only to those who oppose all wars, thereby not recognizing selective conscientious objection.

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Global Practices and National Case Studies

Conscription was suspended in Belgium in 1994, and before that, civilian service was an option since 1963.

Answer: True

Explanation: Conscription in Belgium was indeed suspended in 1994, with civilian service having been an available alternative for conscientious objectors since 1963.

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Before the Velvet Revolution in 1989, Czechoslovakia officially recognized conscientious objection and provided alternative civil service.

Answer: False

Explanation: Prior to the 1989 Velvet Revolution, Czechoslovakia did not officially recognize conscientious objection, and individuals refusing military service faced imprisonment or undesirable occupations, with alternative civil service established only afterward.

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Eritrea recognizes the right to conscientious objection to military service, offering alternative civilian service options.

Answer: False

Explanation: Eritrea does not recognize the right to conscientious objection, and those who refuse the indefinite military draft are imprisoned.

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Arndt Pekurinen, a Finnish pacifist, was executed during the Winter War for his refusal to serve, despite the 'Lex Pekurinen' law for civilian service.

Answer: False

Explanation: Arndt Pekurinen was executed during the Continuation War in 1941, not the Winter War, for his refusal to serve, despite the earlier 'Lex Pekurinen' law.

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Compulsory military service in France was abolished in 2001, which also led to the abolition of the special prison for Jehovah's Witnesses.

Answer: True

Explanation: Compulsory military service in France was indeed abolished in 2001, a development that also resulted in the abolition of the special prison designated for Jehovah's Witnesses.

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In Nazi Germany, conscientious objection was recognized by law as 'subversion of military strength' and was punishable by imprisonment.

Answer: False

Explanation: In Nazi Germany, conscientious objection was not recognized by law and was considered 'subversion of military strength,' a crime typically punishable by death, not merely imprisonment.

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Germany's 'two brothers rule' exempted any male children from military service if two older brothers had already served.

Answer: True

Explanation: The 'two brothers rule' in Germany was a provision that exempted subsequent male children from military service if two older brothers had already completed their service.

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West Berlin's special status during the Cold War meant the military draft did not apply within its borders, making it a haven for draft avoiders.

Answer: True

Explanation: Due to West Berlin's unique status as a city governed by foreign military powers, the military draft was not enforced within its borders, making it a sanctuary for individuals seeking to avoid conscription.

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The Israeli Supreme Court ruled in 2012 that the blanket exemption for ultra-Orthodox yeshiva students was constitutional.

Answer: False

Explanation: In 2012, the Israeli Supreme Court ruled in *Ressler et al. v. The Knesset et al.* that the blanket exemption for ultra-Orthodox yeshiva students was unconstitutional, violating the Basic Law: Human Dignity and Liberty.

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Until 1972, conscientious objectors in Italy were considered traitors and tried by military tribunals.

Answer: True

Explanation: Until 1972, conscientious objectors in Italy were indeed considered traitors and faced trials by military tribunals.

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The Constitution of the Republic of the Marshall Islands explicitly allows for conscription of individuals who are conscientious objectors.

Answer: False

Explanation: Article II, Section 11 of the Constitution of the Republic of the Marshall Islands explicitly stipulates that no person can be conscripted if they are a conscientious objector to participation in war.

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During World War I in New Zealand, only Quakers, Christadelphians, and Seventh-day Adventists had automatic exemption from conscription.

Answer: True

Explanation: During World War I in New Zealand, only Quakers, Christadelphians, and Seventh-day Adventists were granted automatic exemption from conscription.

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In the Russian Empire, Russian Mennonites were allowed to operate forestry and hospital units in lieu of military service from 1881 to 1918.

Answer: True

Explanation: From 1881 to 1918, Russian Mennonites in the Russian Empire were indeed permitted to fulfill their military obligations by operating forestry and hospital units.

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The 'End Conscription Campaign' in South Africa during the 1980s was a government initiative to promote military service.

Answer: False

Explanation: The 'End Conscription Campaign' in South Africa during the 1980s was an anti-war movement that supported white South African males objecting to conscription, not a government initiative to promote military service.

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In South Korea, the Constitutional Court ruled in June 2018 that the Military Service Act was unconstitutional for failing to provide alternative service.

Answer: True

Explanation: In June 2018, the South Korean Constitutional Court ruled that the Military Service Act was unconstitutional due to its failure to provide alternative service options for conscientious objectors.

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During Francoist Spain, conscientious objection was permitted, and objectors were offered civilian service alternatives.

Answer: False

Explanation: During Francoist Spain, conscientious objection was not permitted, and objectors, often Jehovah's Witnesses, were imprisoned.

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When was conscription suspended in Belgium?

Answer: 1994

Explanation: Conscription in Belgium was suspended in 1994.

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During World War II, what option did over 95% of Canadian conscientious objectors choose?

Answer: Civilian supervision in Alternative Service camps.

Explanation: During World War II, over 95% of Canadian conscientious objectors opted for civilian supervision in Alternative Service camps, contributing to various sectors like road building and agriculture.

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What was the consequence for those unwilling to perform mandatory military service in Czechoslovakia before the Velvet Revolution in 1989?

Answer: They could sign contracts for unattractive occupations like mining or face imprisonment.

Explanation: Before the Velvet Revolution in 1989, individuals in Czechoslovakia unwilling to perform mandatory military service faced imprisonment or were compelled to accept undesirable occupations such as mining.

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What is the current situation for conscientious objectors in Eritrea?

Answer: Eritrea does not recognize the right to conscientious objection, and refusers are imprisoned.

Explanation: Eritrea does not recognize the right to conscientious objection, and individuals who refuse military service face imprisonment, with some having been incarcerated since 1994.

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What was the fate of Finnish pacifist Arndt Pekurinen during the Continuation War?

Answer: He was executed at the front in 1941.

Explanation: Finnish pacifist Arndt Pekurinen was executed at the front in 1941 during the Continuation War for his refusal to serve.

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When was compulsory military service abolished in France?

Answer: 2001

Explanation: Compulsory military service in France was abolished in 2001.

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How was conscientious objection generally treated in Nazi Germany?

Answer: It was considered 'subversion of military strength' and typically punishable by death.

Explanation: In Nazi Germany, conscientious objection was deemed 'subversion of military strength' and was typically punishable by death, rather than being recognized or accommodated.

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What constitutional provision in Germany addresses conscientious objection?

Answer: Article 4(3), stating no person may be forced against their conscience to perform armed military service.

Explanation: Article 4(3) of the German constitution explicitly states that no person may be compelled to perform armed military service against their conscience.

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What was the 'two brothers rule' in Germany regarding military service?

Answer: It stated that if two older brothers had already served, subsequent male children were exempt.

Explanation: The 'two brothers rule' in Germany provided an exemption from military service for subsequent male children if two older brothers had already completed their military service.

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Which groups were automatically exempted from military service in Israel, according to the Ministry of Defense?

Answer: All non-Jewish women and all Arab men (except for the Druze).

Explanation: According to the Ministry of Defense, all non-Jewish women and all Arab men (excluding Druze) are automatically exempted from military service in Israel.

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When did conscription become voluntary for both men and women in Italy?

Answer: 2004

Explanation: Conscription became voluntary for both men and women in Italy in 2004.

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What constitutional right do citizens of the Republic of the Marshall Islands have regarding conscription?

Answer: The right not to be conscripted if they are a conscientious objector.

Explanation: The Constitution of the Republic of the Marshall Islands, Article II Section 11, grants citizens the right not to be conscripted if they are a conscientious objector to participation in war.

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When was conscription suspended in the Netherlands?

Answer: 1997

Explanation: Conscription in the Netherlands was suspended on May 1, 1997.

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When was conscription suspended in Romania?

Answer: 2006

Explanation: Conscription in Romania was suspended on October 23, 2006.

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What was the primary focus of the 'End Conscription Campaign' in South Africa during the 1980s?

Answer: To support white South African males who objected to conscription in the South African Defence Force.

Explanation: The 'End Conscription Campaign' in South Africa during the 1980s was an anti-war movement focused on supporting white South African males who objected to conscription in the South African Defence Force.

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What significant legal development occurred in South Korea in November 2018 regarding conscientious objection?

Answer: The Supreme Court recognized conscientious objection as a valid reason to refuse military service.

Explanation: In November 2018, the South Korean Supreme Court recognized conscientious objection as a valid reason to refuse military service, following a Constitutional Court ruling in June 2018.

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Which two European Union countries recognize the right to conscientious objection for contract and professional military personnel?

Answer: Germany and the Netherlands

Explanation: Germany and the Netherlands are the only two European Union countries that recognize the right to conscientious objection for contract and professional military personnel.

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