
As the war in Ukraine continues, many men facing mobilization are seeking legal ways to protect their rights and avoid being sent to the front lines. In response, Ukrainian lawyers specializing in military law have intensified their efforts, offering legal assistance to those looking for alternatives. Since the Supreme Court of Ukraine’s Cassation Administrative Court ruled that mobilization cannot be annulled even if conducted unlawfully, legal professionals have turned to international bodies for support. One of the most significant legal tools in their arsenal has become the advisory opinion of the Venice Commission of the Council of Europe (VCCE). What is this document, and how does it help Ukrainians seek justice?
Venice Commission: A Voice for Conscientious Objectors
In March 2024, the Venice Commission of the Council of Europe issued a crucial decision regarding human rights in Ukraine. The commission emphasized that even during wartime, states must uphold individuals’ rights to refuse military service. This opinion was drafted in response to a request from Ukraine’s Constitutional Court, following an appeal by a member of the Seventh-day Adventist Church who had been convicted for evading military service on religious grounds.
Ukrainian courts had ruled that during mobilization, legislation does not allow for alternative civilian service, and that religious beliefs must yield to the constitutional duty to protect the country’s territorial integrity and sovereignty.
However, the Venice Commission took a different stance.
“In accordance with the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR), states have a positive obligation to establish an alternative service system that is separate from the military, non-punitive in nature, and subject to reasonable time constraints,” the commission’s opinion states.
Furthermore, the commission underscored that conscientious objection cannot be completely suspended during wartime. This means that, from a European perspective, the full-scale Russian invasion does not justify overriding individuals’ rights to refuse military service.
“Under no circumstances can a person who refuses military service on grounds of conscience be forced to bear arms or use them, even in self-defense of the country,” the commission stated.
Appeals to the European Court of Human Rights and the UN
Before the landmark ruling of the Venice Commission, Ukrainian citizens were already seeking justice in European courts. At the beginning of 2024, media reports indicated that the European Court of Human Rights (ECHR) had received three complaints from Ukrainian citizens. These individuals argued that the restrictions on their ability to leave the country during martial law were illegal and violated their right to freedom of movement. Their cases challenged not only the unlawful prevention of departure but also the very legitimacy of such travel restrictions under Ukraine’s Constitution.
Ukraine ranks third in the number of cases submitted to the ECHR, with 8,750 pending cases, accounting for 12.8% of the total. Additionally, many Ukrainians have turned to the UN Human Rights Committee, which has already produced results that may now serve as legal precedents.
A report by the UN High Commissioner for Human Rights in December 2023 concluded that Ukraine had violated its own constitutional norms and international obligations regarding mobilization. The report highlighted that, according to the ICCPR, the right to refuse military service on grounds of conscience is absolute and cannot be restricted or suspended. The UN further noted that this right is explicitly recognized in Ukraine’s Constitution.
“However, Ukraine’s domestic legislation unjustifiably limits this constitutional right to specific religious groups, excluding others, which contradicts its legal obligations to ensure equality before the law and non-discrimination under the ICCPR,” the report states.
Lawyers Step In
Against this backdrop, Ukrainian lawyers specializing in military law have become increasingly active. Numerous advertisements have appeared on Ukrainian legal service websites, offering assistance not only in legal analysis of mobilization cases and appealing draft notices but also in representing clients at the international level.
Legal professionals now highlight their established connections with the ECHR and the UN Human Rights Committee, as well as their reliance on the Venice Commission’s advisory opinion. Many of them offer to draft and submit complaints to human rights institutions, communicating in the appropriate legal terminology to ensure strong representation.
Additionally, these lawyers like Alexey, provide assistance in filing appeals with Ukraine’s Ombudsman’s Office and other international organizations. With the prospect of peace negotiations between Ukraine and Russia, mediated by the United States, growing numbers of Ukrainians are exploring ways to avoid being sent to the front lines. The decisions of institutions like the Venice Commission are fueling their hope for a better future.
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