GA Resolution: Military Freedom Act

Category: Furtherment of Democracy
Strength: Significant
Proposed by: Embolalia


Description:
Article I, Preamble:

The World Assembly recognizes the need for able persons to fight in the military of member nations. It further recognizes that many persons may have religious, conscientious, or moral reasons for objecting to combative military service. The World Assembly believes that these persons should not be compelled to serve against such beliefs. It hereby enacts this resolution to protect these persons.

Article II, Definitions:

1) A conscientious objector shall, for the purposes of this resolution, be considered a person who has genuine religious, conscientious, or moral objections to participation in war, wherein:
1a) Such objections are held against participation in war of any form, rather than participation in a specific war, except as noted in §1b.
1b) Objection to a specific war shall be considered valid if the war is one of aggression as defined below, or the objector is within two degrees of consanguinity of any citizen of the opposing nation's military.

2) A war of aggression shall, for the purposes of this resolution, be considered an armed conflict initiated by the conscientious objector's nation without prior provocation from the nation being attacked.
2a) Provocation shall be considered only violent and aggressive acts, terrorism, espionage, or credible threats thereof, against the objector's nation or its allies.
2b) Such shall only be considered provocation if it was funded, sponsored, or approved of by the government of the nation being attacked.
2c) Military occupation of another nation with the uncoerced consent of that nation's rightful government shall not be considered a war of aggression.

3) Combative military duties shall, for the purposes of this resolution, be considered any duty wherein a person is required to directly cause injury or death to any person.
3a) This shall include, but not be limited to, the use of any weaponry, the equipping of weaponry to machines or vehicles, and the control of any machine or vehicle equipped with weaponry.
3b) This shall not include administrative duties or the furnishing or preparation of medical and food services.

Article III, Requirements of Nations:

1) No nation shall compel a conscientious objector to serve in combative military duties.
2) No nation may punish or penalize a conscientious objector for that status.
2a) Nations may compel conscientious objectors to serve in non-combative military or non-military duties.
3) Nations may make a good-faith effort to determine the veracity of a person's claim of conscientious objector status.
3a) This may include psychological evaluation of the person in question, as well as non-coercive, non-intimidating interviews with those familiar with the person in question.
3b) Nations must consider in these determinations the possibility that a person may develop objections during or following military service.
4) Nations may require those acquiring conscientious objector status while serving in a combative military duty to continue said duty for a pre-determined, finite period of time prior to reassignment to a non-combative duty.
4a) Such period shall exceed neither six months nor the term for which the duty was originally assigned.
5) This resolution shall not be construed to prohibit nor require the establishment of compulsory military service.