Mobilization during wartime: Supreme Court’s explanation of religious exemption from duty

The Supreme Court of Ukraine has ruled that, during the war with the Russian Federation, individuals cannot avoid mobilization due to religious beliefs.

The Court noted that the country’s situation under martial law is a sufficient reason for all citizens, including members of religious organizations such as Jehovah’s Witnesses, to fulfill their military duty. This decision was made by the Cassation Criminal Court in the context of reviewing the corresponding criminal case.

In this case, the courts of the first and appellate instances found the individual guilty for failing to report to the territorial recruitment center after receiving a summons, without a valid reason. As a result, the person was sentenced to three years of imprisonment under Article 336 of the Criminal Code of Ukraine.

The defendant’s lawyer, in a cassation appeal, stated that his client was a member of the Jehovah’s Witnesses religious community, whose doctrine prohibits military service. The defense argued that the court should not have brought the defendant to criminal responsibility due to his deeply held religious beliefs.

However, the Supreme Court upheld the decisions of the lower courts, emphasizing that while Ukrainian legislation permits alternative service in peacetime, during wartime and general mobilization, the right to refuse military service on religious grounds does not apply.

The Court also stressed the importance of balancing personal convictions with the state’s needs in the face of a strong aggressor. The Supreme Court pointed out that the front line stretches over thousands of kilometers, requiring extraordinary efforts from all citizens.

In this context, there is a societal need that justifies general mobilization without exceptions, including for religious or individual reasons. The Court also noted that decisions of the European Court of Human Rights do not cover situations similar to the current war in Ukraine.

It is also worth mentioning that in Lviv, a 33-year-old man was sentenced to three years in prison for refusing mobilization, citing his religious beliefs as the reason for his refusal.