Under martial law, religious beliefs do not exempt citizens from military service – Supreme Court
During the period of martial law, all Ukrainian citizens — including Jehovah’s Witnesses — are required to fulfill their military duty and serve in the armed forces.
This decision was issued by the Criminal Cassation Court within the Supreme Court of Ukraine, Censor.NET reports.
The ruling was handed down on April 15 in the case of a man sentenced to three years in prison for failing to report to the Territorial Recruitment Center after receiving a draft notice, citing religious beliefs as the reason.
The court noted that the man, who refused military service on religious grounds, had previously completed compulsory military service in 1996 and is therefore considered liable for military duty. Additionally, he was baptized as a Jehovah’s Witness in November 2023.
The defense argued that the man failed to appear at the Territorial Recruitment Center due to his membership in a religious organization whose doctrine prohibits military service, and requested that the conviction be overturned. However, the Supreme Court upheld the rulings of the lower courts, explaining that while Ukraine provides for alternative service during peacetime, such exceptions do not apply during wartime, when the state faces mobilization and a threat to its very existence.
"The Supreme Court stated that Ukraine offers alternatives to military service during peacetime, which citizens are free to use. However, during wartime, amid mobilization and a defensive war, the duty to defend Ukraine — a country under aggressive attack by the Russian Federation — applies to all citizens, regardless of their religious beliefs," the ruling reads.
The court emphasized that in the context of a large-scale defensive war, which Ukraine is waging against a significantly more powerful aggressor, the state has the right to require all citizens to fulfill their military duty without exception. The Supreme Court also noted that none of the previous rulings by the European Court of Human Rights (ECHR) have addressed circumstances involving a war of such scale as the one currently taking place in Ukraine.
"In the court’s view, the state’s operation under martial law constitutes a compelling reason to require all Ukrainian citizens — including Jehovah’s Witnesses — to fulfill their military duty," the press service added.
