Selective Conscientious Objection in the Aftermath of Iraq: Reconsidering Objection to a Specific War

Although a right of conscientious objection to military service became widely recognised within the twentieth century, selective conscientious objection has always proven more controversial. In the aftermath of fresh claims of selective conscientious objection arising out of the Iraq 'war', and what is argued to be a changing context to conflict and conscientious objection, this paper sets out to reconsider the case for granting protection to military personnel who object to deployment within specific conflict situations. It is contended that in principle selective conscientious objectors should be afforded recognition by the law in the same way that absolute conscientious objectors can be. However, although it is possible to establish limited grounds upon which such a right might be recognised, the perceived constitutional consequences of such an approach make it highly unlikely that selective conscientious objection will be treated sympathetically by either courts or government.