Introduction to Military Refusal: What to Expect

When a government calls up its citizens to serve in the military, it can be a significant responsibility and a serious matter. If someone is called up and refuses to go, the consequences can be severe. It's essential to understand the legal and practical implications of refusing to serve, especially for citizens and immigrants in countries with various enlistment requirements.

Understanding Draft and Enlistment

The nature of enlistment in many countries is voluntary, meaning there are no legal consequences for not volunteering. However, during times of war or national emergency, compulsory military service, or a draft, becomes a different matter entirely. In many countries, like the United States, the last draft was in 1973, but registering with Selective Service remains a legal requirement for male citizens and immigrants, as well as some non-immigrants, after they turn 18.

Consequences of Refusal: Enforced Compliance and Legal Consequences

In a draft, the government has the legal authority to force individuals to serve. Refusal can lead to severe consequences, including:

Arrest and Legal Proceedings

Those who refuse to serve after being drafted may face arrest and trial before a court, resulting in fines or a prison sentence. It's not uncommon for those seeking to evade the draft to act unpredictably during assessment, hoping for a discharge based on mental instability (S8 discharge). However, this may also affect future employment opportunities due to the association with mental instability.

Military Disciplinary Actions and Criminal Charges

Military officials may take disciplinary action, including discharge without an honorable discharge. The worst-case scenario involves felony convictions, resulting in a court martial, imprisonment in a military prison, or even a dishonorable discharge. Common violations that lead to these outcomes include:

Such actions can permanently damage one's military and personal reputation.

National Examples: The United States

The United States has not had a draft for 51 years, as of 2023. However, the requirement to register with Selective Service remains a legal duty for certain males and non-immigrants. The consequences of non-compliance can still be severe, as evidenced by historical events and current cases.

Historical Context: The American Draft and War

During the War of 1812, the British forcibly conscripted sailors from merchant vessels, leading to the term "Press Gang." These actions were analogous to modern compulsory enlistment. In the 20th century, the Vietnam War saw thousands flee to Canada to avoid the draft. Ultimately, a blanket pardon allowed for their eventual return.

Other Countries: Russia and Yemen

Other countries have different systems for military service and draft. For instance, Russia has conscription laws, as does Yemen. One notable case involves a former USAF Crew Chief who, despite having Russian relatives, was called up to serve in Russia after visiting them and being discovered. His family had to secure his release from the Russian military through the US Embassy.

This incident underscores the importance of being aware of the military obligations of both your place of birth and your current country of residence.

Conclusion: The Importance of Timing and Planning

Understanding the legal and practical aspects of military service and the potential consequences of refusal is crucial. It is always advisable to seek legal counsel if faced with such a situation. Proper planning and preparation can significantly reduce the risks associated with refusing to serve in the military.

Stay informed, and be prepared for the responsibilities that come with citizenship.