chapter  9
18 Pages

Selective Conscientious Objection: Philosophical and Conceptual Doubts in Light of Israeli Case Law

ByYossi Nehushtan

This chapter argues that there are no prevailing justifications for only tolerating non-selective conscientious objections. It examines the central concepts in order to avoid misconceptions. The chapter argues that the main rationale for granting conscientious exemptions involves acknowledgement that the conscientious objector does not have real choice when he acts upon his conscience. It discusses the complex issues in selective conscientious objection in general, selective conscientious objection to army enlistment, or even the implications of Israeli case law. The Israel Defence Force (IDF) is a conscript army; all cases of conscientious objection within Israeli case law involve conscripts. The conscientious objection is a breach of a law that the agent is morally prohibited from obeying, civil disobedience is politically motivated. In the Shvili case, the Israeli Supreme Court did not confront at all the academic criticism following the Zonshein case and simply repeated and reaffirmed the Zonshein reasoning.