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Conscientious Objection

Conscientious Objection

Özgür Heval Çınar | Coşkun Üsterci | Cynthia Cockburn

(2009)

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Book Details

Abstract

Refusing to take part in war is as old as war itself. This wide-ranging and original book brings together four different bodies of knowledge to examine the practice of conscientious objection: historical and philosophical analyses of conscientious objection as a critique of compulsory military service and militarization; feminist, LGBT and queer analyses of conscientious objection as a critique of patriarchy, sexism, and heterosexism; activist and academic analyses of conscientious objection as a social movement and individual act of resistance; legal analyses of the status of conscientious objection in international and national law. Conscientious objection is an increasingly important subject of academic and political debate in countries including the US, Israel and Turkey. This book provides a much needed introduction and tool for making sense of the history of nation-states in the 20th century and understanding the political developments of the early 21st century.
'This Turkish-oriented comparative study of conscientious objection to military service is illuminating, while exhibiting the courage of morally motivated individuals who defy coercive governments. In essence, this fine multi-authored volume challenges readers to assess the nature of good citizenship in the 21st Century.' Richard Falk, Princeton University. 'The world’s hundreds of thousands of conscientious objectors to military labour come alive in this volume, and not simply as figures of moral conscience. They are also revealed as symptoms and powerful critiques of militarism and the diverse problems it both feeds and draws on, including nationalism, patriarchy and class inequality, and racialism.' Catherine Lutz, Brown University. 'I wish I had had this book decades ago when I first found my way to conscientious objection and ultimately to draft resistance. It is far and away the best book I have seen on the subject. Çinar and Üsterci have conceived and assembled a remarkable and appropriately complex resource about freedom and resistance to militarism. An important book for scholars and activists alike.' Joseph Gerson, American Friends Service Committee. 'At last a book on conscientious objection to military service from the point of view of contemporary objectors ... it expresses the critique objection poses to patriarchy and social militarization and firmly places objection in the context of struggle for social transformation.' Howard Clark, chairperson, War Resisters' International
Özgür Heval Çinar is a lawyer. Currently he is a Ph.D. candidate and Graduate Teaching Assistant in the Law Department at the University of Essex. He has also worked at several NGOs, including the Istanbul branch of the Human Rights Association of Turkey and Human Rights Watch on a voluntary basis. He is the author of "The Effects of European Court of Human Rights' Decisions on the Turkish Legal System" as well as a number of journal articles. Coskun Üsterci is a peace and human rights activist. Graduating from the Department of Economic and Commercial Science at the Ege University, he was a founder of the Izmir War Resisters' Association. He is currently a member of the Human Rights Association, and has been working since 1992 at the Human Rights Foundation of Turkey, where he is a board member. In addition, he runs workshops on anti-militarism, conscientious objection and non-violence.

Table of Contents

Section Title Page Action Price
About the editors i
Acknowledgements vii
Preface viii
Introduction 1
Overview 3
Notes 12
ONE | Conscription and resisting conscription in a militarized society 15
1 | The militarization of society: conscription and national armies in the process of citizen creation 17
From the Ottoman Empire to the Republic of Turkey 19
Notes 32
2 | Patriotism and the justification of inequality in the construction of militarism 37
The construction of legitimizing myths 39
Patriotism 41
Conclusion 43
Notes 44
3 | Refusing to serve by other means: desertion in the late Ottoman Empire 45
The size of the problem 46
The reasons 48
Notes 51
4 | Sand in the wheels? Conscientious objection at the turn of the twenty-first century 53
Notes 60
5 | The morals and politics of conscientious objection, civil disobedience and anti-militarism 61
Conscientious objection as a moral stance 61
Civil disobedience as political action 65
Anti-militarism as anti-systemic critique 69
Concluding remarks 71
Notes 72
6 | The philosophical grounds of conscientious objection 73
Anti-militarism and conscientious objection 73
Anti-militarism and civilian life 74
Anti-war/anti-violence and peace 76
Conclusion 77
Translator’s note 77
TWO | Conscientious objection as a critique of patriarchy, sexism and heterosexism 79
7 | Where are the women in military conscientious objection? Some feminist clues 81
8 | Refusing to identify as obedient wives, sacrificing mothers and proud warriors 88
Myth of the military nation and military service as ‘culture’ 88
Women of the military nation 91
Sabiha Gökçen: ‘The Dersim Operation and the gun that would protect my honour!’ 93
From Kezban, Little Ayse and Sabiha Gökçen to women conscientious objectors 96
‘The existence of women conscientious objectors is guaranteed to challenge established norms’ 100
Notes 101
9 | Conscientious objection and masculine violence 105
Masculinity and violence 105
Different views on the relationship between masculinity and violence 107
Different masculinities and different forms of violence in Turkey 108
Anti-violent men and conscientious objection 110
10 | Rotten report and reconstructing hegemonic masculinity in Turkey 112
‘Medical examination methods’ employed to issue rotten reports and some real-life examples\r 113
Conclusion 115
Notes 116
THREE | Conscientious objection in the world: experiences and problems 119
11 | Experiences of conscientious objection movements: South Africa, Greece and Paraguay 121
What is conscientious objection? 121
Challenging hegemonic masculinity 122
Figure 11.1 Relationship between demilitarization and freedom of conscience 123
Case studies 124
South Africa 124
Greece 126
Paraguay 127
Conclusion 129
Notes 129
12 | Military conscription, conscientious objection and democratic citizenship in the Americas 131
Militias, citizen soldiers and caste armies 132
Conscription in the United States today 134
Conscientious objection in the United States 137
Conscription in Mexico 139
By way of conclusion: caste armies and democratic citizenship 141
Notes 142
13 | Conscientious objection in Chile 145
14 | Conscientious objection in Spain: disobedience 149
Note 155
15 | Conscientious objection in Israel 156
16 | Refusing to serve in the army for reasons of conscience in Greece 160
The history 160
The situation today 163
Notes 167
17 | Conscientious objection in Turkey 168
Notes 178
FOUR | Conscientious objection and law 181
A | International law 181
18 | A view on international implementation of the right to conscientious objection 183
Non-armed countries and the right to conscientious objection for professional soldiers in Europe 185
Non-armed countries or professional armies in other sample countries in the world 187
The right to conscientious objection and alternative service 188
Conclusion 193
Notes 195
19 | International standards on conscientious objection to military and alternative service 198
The UN standards 198
Conclusion 202
Notes 203
20 | European standards on conscientious objection and alternative service 206
Notes 210
21 | Conscientious objection in international law and the Osman Murat Ülke case 212
Osman Murat Ülke v. Turkey 213
The status of conscientious objection in international law 221
Notes 222
B | The case of Turkey 225
22 | Conscientious objection and the Turkish constitution 227
The assessment of the court 227
National analysis 229
The transformation of perception 232
Constitutional review 234
Suggestions 239
Notes 241
23 | The criminality of conscientious objection in Turkey and its consequences 242
The source of the tension between substantive law and the conscientious objection to compulsory military service in Turkey 243
Conscientious objectors: victims of a view that prefers ‘law’ to ‘right’ 244
Discipline: another source of grievance 246
Conscientious objection declarations and supporting statements 247
Moreover … 250
Notes 254
Notes on contributors 257
Index 259