CEU Electronic Theses and Dissertations, 2024
| Author | Startseva, Olga |
|---|---|
| Title | Civic duty to serve in the army from a human rights perspective: cases of Azerbaijan, Lithuania and Russia |
| Summary | This research explores the duty to serve in the army, addressing three questions: Should Europe grant asylum to Russians and Ukrainians fleeing conscription or deserting the battlefield? Does the answer depend on the “justness” of the war? Are states entitled to require their citizens to perform military service? I start with an exploration of the concept of citizenship from a historical perspective, building on the works of key scholars, such as Keith Faulks, Christian Joppke, Dmitry Kochenov, Thomas H. Marshall, Philip Pettit, and Gershon Shafir. Civic duties, particularly the duty to serve in the military, are under-explored in existing literature. This research aims to fill this gap by examining the duty to serve in the army as a civic duty. The research employs desk research methods, including historical and comparative studies, and incorporates a critical perspective focusing on minority rights. It is grounded in legal theory, public international law, human rights law, and the national laws of Azerbaijan, Russia, and Lithuania. Comparative case studies of Azerbaijan, Russia, and Lithuania explore the rationale behind their conscription policies. The research concludes that while the threat to nations persists, states are entitled to require their citizens to serve in the army. However, they must observe human rights, including the right to conscientious objection. Soldiers have the right under international law to refuse participation in wars that violate public international law (jus ad bellum) and international humanitarian law (jus in bello), entitling draft evaders and deserters to asylum in foreign states. |
| Supervisor | Kochenov Dimitry |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2024/startseva_olga.pdf |
Visit the CEU Library.
© 2007-2021, Central European University