| Original Full Text | Occasional Papers on Religion in Eastern Europe Manuscript 2508 The Problem with the Performance of Alternative or Military Service of Ukrainian Adventists in War Conditions Valentyna Kuryliak Dr Follow this and additional works at: https://digitalcommons.georgefox.edu/ree Part of the Christian Denominations and Sects Commons, Eastern European Studies Commons, and the Religion Law Commons THE PROBLEM WITH THE PERFORMANCE OF ALTERNATIVE AND MILITARY SERVICE OF UKRAINIAN ADVENTISTS IN WAR CONDITIONS By Valentyna Kuryliak Valentyna Kuryliak, Ph.D. is Associate Professor of the Department of Philosophy, Theologyand Church History of the Ukrainian Institute of Arts and Sciences. Vice-rector for scientificwork in the Ukrainian Institute of Arts and Sciences. Postdoctoral student of the SpecialtyHistory and Archeology of Taras Shevchenko National University of Kyiv, Kyiv, Ukraine. Scientific interests:History of Ukrainian Protestantism, History of the Seventh-day Adventist.Email: v.kuryliak@ugi.edu.uaORCID: https://orcid.org/0000-0001-5245-9700. Abstract The article discusses the lack of legal documentation faced by Ukraine in defending its borders and national interests, taking into account its historical experience. Attention is drawn to the issues encountered by Protestant churches, especially, but not exclusively, the Seventh-day Adventist Church. A proposal has been made to utilize the volunteer non-combatant potential of churches, regulating it legislatively without involving the Ukrainian court system. The question of alternative (non-combatant) service during mobilization and in times of war in Ukraine is analyzed. The author argues the necessity of preserving the right to alternative service for church members, which according to the Constitution of Ukraine, have this right despite the conditions of martial law. Emphasis is placed on the need to create legislative mechanisms that offer alternative non-combatant solutions to the problem. The Ukraine must not and. indeed, cannot condemn and imprison individuals who, based on their religious beliefs, refuse to take up arms and can serve the country in non-combatant capacities. It is proposed to utilize the volunteer potential of religious pacifists for effective assistance to the affected without the use of weapons. Keywords: alternative (non-military) service, martial law, religious pacifists, Seventh-day Adventists, Ukraine. Introduction As of the end of 2020, the Seventh-day Adventist Church in Ukraine had 46,240 members.1The number of believers significantly decreased by the end of 2022 due to the 1“Церква адвентистів сьомого дня,” Wikidata, September 28, 2023, https://www.wikidata.uk-ua.nina.az/%D0%A6%D0%B5%D1%80%D0%BA%D0%B2%D0%B0_%D0%B0%D0%B4%D0%B2%D0%B5%D0%BD%D1%82%D0%B8%D1%81%D1%82%D1%96%D0%B2_%D1%81%D1%8C%D0%BE%D0%BC%D0%BE%D0%B3%D0%BE_%D0%B4%D0%BD%D1%8F.html. ["Seventh-day Adventist Church,"] OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (MAY 2024) XLIV, 4 36emigration of Adventists abroad, especially from the eastern and southern regions of Ukraine.2At the same time, due to the humanitarian, volunteer, and missionary activities of Ukrainian Adventists, new believers joined the church.3The website of the Ukrainian Union Conference reported on evangelical campaigns and systematic baptisms of new members in the Seventh-day Adventist Church after February 24, 2022.4In a broader sense, the SDA Church is a single worldwide network with a single center, the General Conference, whose office is located in Washington, DC. As of 2024, the number of believers is over 21 million Adventists worldwide.5Adventists have their representatives in 212 countries of the world out of 235 countries recognized by the UN. According to the teachings of this denomination, Adventists are non-political, and they also refuse to bear and use weapons. In times of peace, instead of military service, Adventists chose an alternative (non-military) form of service, which was provided for believers of religious organizations by the legislation of Ukraine. However, with the arrival of Russian troops on the territory of Ukraine, the question of alternative and military service for Ukrainian Adventists, especially after February 24, 2022, became acute and tense. So, in this article, I will try to present the main problems and possible prospects for solving this issue. The conclusions drawn can be adapted to assess the situation that has developed in the environment of Ukrainian Protestant churches. The Main Results of the Study Since the Second World War, the anti-religious regime of the Soviet government, until 1991, was the most threatening to the existence of Adventists in Ukraine. However, after Ukraine gained independence, and with the freedom of speech and religion, most Protestant churches were able to freely spread their views and build constructive relations with the state. But with the beginning of the full-scale war of Russia against Ukraine in 2022, a number of issues appeared 2Вікторія Любащенко, “‘Долаємо нові виклики’: український адвентизм в умовах війни,” RISU, April 27, 2023, https://risu.ua/dolayemo-novi-vikliki-ukrayinskij-adventizm-v-umovah-vijni_n138885. [Viktoriya Lyubashchenko, “‘Overcoming New Challenges’: Ukrainian Adventism in the Conditions of War,”] 3“Діяльність ADRA Україна в 2022-23 роках,” Українська уніонна конференція Церкви адвентистів сьомого дня, 2024, https://adventist.ua/news/ukraine/diialnist-adra-ukraina-v-2022-23-rokakh/. ["Activities of ADRA Ukraine in 2022-23," Ukrainian Union Conference of the Seventh-day Adventist Church]. 4“Річна нарада адвентистської церкви на заході України: день 3,” Західна конференція Церкви Адвентистів сьомого дня, November 30, 2023, https://westadvent.org.ua/2023/11/30/richna-narada-den-3/.["Annual Meeting of the Adventist Church in Western Ukraine: Day 3," Western Conference of the Seventh-day Adventist Church,] 5“Church Membership Statistics,” AdventistArchives.org , accessed February 28, 2024, https://www.adventistarchives.org/church-membership. OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (MAY 2024) XLIV, 4 37among the Protestant churches, the solution of which is practically impossible in wartime conditions, unless the legal conflict between the provisions of the Constitution and the norms of some other laws is overcome. According to Volodymyr Zelenskyi,the current President of Ukraine, today every person conscripted into the military should prepare for the fact that he will have to defend his country with a weapon in his hands. This is one of the most pressing issues at the moment, as it contradicts the religious views of Adventists, and other Protestant Pacifist churches. Most Adventists who are eligible for military service are willing to be volunteers, medics, drivers, etc. At the same time, they refuse to take up arms. Such people are called non-combatants, i.e.: “persons who are part of the armed forces and provide them with assistance, but do not take direct part in hostilities.”6The Order from the Ministry of Defense states that “these include medical and spiritual personnel, quartermasters, military correspondents, and lawyers. Weapons should not be used against the specified persons if they are engaged in the performance of their immediate duties.”7Also, non-combatants in international law are persons who are not part of the armed forces at all, i.e., are not military personnel. Speaking religiously, it is important to clarify that most often Adventists seek to be not just non-combatants, but civilian non-combatant volunteers, since volunteering is inherent in the beliefs and practices of this church. At this moment, the Constitution of Ukraine enshrines the right to alternative (non-military) service, but there is no mechanism for implementation in wartime conditions. The statistical estimate of the potential of Seventh-day Adventists in Ukraine for 2023 is 743 congregations with 40,802 church members. The rough number of Adventists fit for military service is ca. 8,000 believers. A similar picture with larger numbers can be found in other Protestant denominations. Obviously, the number of Protestants, including Adventists, may seem to some to be insufficient to develop a separate mechanism for regulating alternative (non-military) service in conditions of war, or military service in ways that exclude the carrying and use of weapons. The executive director of the Institute of Religious Freedom in Ukraine, M. Vasin, in a conversation with journalist E. Koroleva, notes that since 2014, “neither the government nor the parliament has 6“Наказ ‘Про затвердження Інструкції про порядок виконання норм міжнародного гуманітарного права у Збройних Силах України’ від 23.03.2017 № 164 ,” Liga: Zakon, accessed February 27, 2024, https://ips.ligazakon.net/document/TM056991. ["Order "On approval of the Instruction on the procedure for the implementation of norms of international humanitarian law in the Armed Forces of Ukraine" dated March 23, 2017, No. 164.] 7Ibid. OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (MAY 2024) XLIV, 4 38shown enough interest to adopt legislative changes to ensure this constitutional right during mobilization.”8Accordingly, the main question remains open: should the state deal with religious organizations whose believers do not take up arms due to their religious beliefs, and also have a number of other principles, the observance of which is often impossible in the conditions of military service. At first glance, it may seem that there are no resources, time, and opportunities for such steps.However, we have the reverse side of this problem. A significant number of Adventists have medical education (rehabilitators, massage therapists, sanatorium workers, medical missionaries, etc.) and experience in volunteer work since 2014. A number of preventive health skills are also historically part of the teachings of the Seventh-day Adventist Church. Therefore, not taking advantage of what is available, and focusing only on the use of arms or military service instead of the volunteering non-military tasks, leads to lawsuits and refusal to go and defend one's country. More than once ended this has ended in the imprisonment of Adventists.9 Representatives of other denominations whose beliefs do not allow them to be involved in military service, such as Jehovah's Witnesses, also face such situations. Although it is much more useful for the state in the current conditions, “instead of prison sentences, to involve believers who cannot fight with weapons in their hands, to defensive tasks of a civilian nature. <...> work in hospitals, during rescue operations and debris removal as a result of rocket attacks, on restoration works.”10 Therefore, currently there is a misunderstanding and a lack of agreement between the Ukrainian state and the Seventh-day Adventist Church. Trials of believers by military commissars take place, which in most cases result in three-year sentences for believers who refuse to go to the front and fight with weapons in hand. The desire of believers to serve in the role of non-combatant volunteers automatically means the refusal of weapons, from participation in acts of violence, from violating the commandments in other ways (in particular, the commandment about the Sabbath, 8Є. Корольова, “Мобілізація чи судовий процес? Що відбувається з українцями, які через релігійні переконання відмовляються вбивати ворога ,” NV, February 15, 2024, https://life.nv.ua/ukr/socium/primusova-mobilizaciya-chi-sud-chi-prizivayut-u-razi-vidmovi-brati-zbroyu-do-ruk-cherez-viru-50392671.html.[E. Koroleva, "Mobilization or legal process? What happens to Ukrainians who, because of their religious beliefs, refuse to kill the enemy,"] 9Віталій Тараненко, “Священник Свідків Єгови відмовився воювати. Суд виніс несподіване рішення,” Главком, May 26, 2023, https://glavcom.ua/country/criminal/svjashchenik-svidkiv-jehovi-vidmovivsja-vojuvati-sud-joho-pidtrimav-929979.html.[Vitaly Taranenko, "The priest of Jehovah's Witnesses refused to fight. The court made an unexpected decision," Glavkom.] 10Корольова, op. cit. OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (MAY 2024) XLIV, 4 39clean and unclean food, refusing to swear an oath to the command, because an order may happen that will be contrary to conscience, resulting in a conflict). Currently, the situation is that to many believers, the territorial recruitment centers verbally promise that they will be allowed to serve without weapons and perform the duties of drivers, cooks, and medics. However, no one can guarantee that at some point the command will change its decision and will demand to carry out another order. After all, the law on military service does not provide for service without an oath and without weapons, accordingly, verbal agreements between a believer and a commander are an area that is not regulated in any way within the limits of military service itself. Yet, according to the Constitution, believers have a full right to another type of service if military service contradicts their beliefs. Article 35 of the Constitution of Ukraine guarantees the right to alternative service for citizens who cannot perform military duties due to their own religious beliefs, and the effect of this article is not limited in the conditions of martial law, but, according to E. Koroleva, believers cannot use this right, since “there is no corresponding legal procedure for cases of mobilization for military service.”11Lawyers call such a situation a legal conflict, when the Constitution guarantees one thing, and the law provides another. This leads to disputes as to what to be guided by, the Constitution as a norm of direct action, or other laws that prescribe or do not prescribe mechanisms for the implementation of constitutional norms in specific situations. In practice, this manifests itself in the fact that one court can acquit a believer who applies for alternative service, and another court can condemn. Also, court sessions often do not take into account the fact that some defendants, even before the war, served alternative (term) service, not military service, at the time of conscription. Also there are cases when a believer had military service experience, but later became an Adventist (we are talking about those who have been believers for more than 3 years) and has supporting documents from a religious organization, but the court often does not take these documents into account, referring to the fact that once upon a time you served full time in the army and know how to use weapons. Therefore, the state (court) often does not consider certificates from religious organizations with an application for alternative service as grounds for granting the right to alternative service, since such status is not provided for in wartime conditions. Thus, perhaps some Protestants would agree to defend their country within the limits of their religious beliefs, but ignoring these beliefs leads to the impossibility of finding a way out of the situation. 11Ibid. OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (MAY 2024) XLIV, 4 40If we deny the possibility of alternative service in wartime, a valid question arises, what guides believers when, in peacetime, they do not go to military service, but rather to alternative service, if it were possible to agree to serve in the army, but without weapons? Especially if you take into account that in peacetime, even those who would take up arms would not have to kill anyone. So it becomes clear that believers in peacetime are guided not only by whether there is a war or not, by “killing” or “not killing,” but by the fact that they fundamentally do not envisage the possibility of being in the military for themselves, although they are ready to serve their country in another way. After all, if you have to become a soldier at the right time, even without a weapon, then there is little sense in alternative service in peacetime – when not only weapons, but also any training are missing. Obviously, believers who choose alternative service in peacetime are driven by something more than just the issue of weapons. At the same time, the majority of believers strive to be active citizens, ready to help their state. This once again points to the need to legislate the possibility of non-military (alternative) service by believers under martial law. An additional aspect of the problem is that believers who are willing to serve only as substitutes do not understand those of their fellow believers who did take up arms and went to fight. And those who managed to be mobilized and forced to take up arms, as a rule, are not effective as soldiers on the battlefield. This may lead society to draw a conclusion about the Protestant community as having a low level of patriotic spirit and a lack of desire to protect the country from invaders. However, this is not a matter of patriotism, but of beliefs about ways of serving one's country. On the other hand, due to the impossibility of involving believers in accessible ways to help the victims, rebuild destroyed houses, volunteer help, etc. (which is, in fact, the basis of the Protestant religion), the efforts of both sides are devalued. At the same time, we cannot ignore the steps that were taken to find a way out of the situation that has developed on the part of the state and the church. For example, the All-Ukrainian Council of Churches and Religious Organizations called on state authorities not to persecute believers whose religious beliefs do not allow them to take up arms.12Also, the Prime Minister of Ukraine, Denys Shmyhal, discussed joint measures to counter Russian aggression with the All-12“Рада церков закликала не переслідувати вірян, які не можуть воювати,” Духовний Фронт України, October 21, 2023, https://df.news/2023/10/21/rada-tserkov-zaklykala-ne-peresliduvaty-virian-iaki-ne-mozhut-voiuvaty/.["The Council of Churches urged not to persecute believers who cannot fight," Spiritual Front of Ukraine]. OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (MAY 2024) XLIV, 4 41Ukrainian Council of Churches.13An official list of clergy has been created, which allows these persons to be involved in chaplaincy, volunteer, medical mission or other similar activities. This step takes into account religious beliefs in general and does not force ministers of churches to take up arms. Possible ways to resolve this issue may be as follows. The state needs to use the volunteer and missionary potential of Protestant churches, including the Seventh-day Adventist Church, and enable believers to serve as missionaries and those who already have experience helping people physically, psychologically, and spiritually. This will allow believers to fulfill their public duty to the state, and the state to take religious beliefs of believers into account. In this way, the use of human and material resources of religious organizations will benefit believers and the state. The next step is Ukraine's desire to become part of the European Union. The European integration of Ukraine in the direction of religious freedom and taking into account the interests of religious minorities will once again confirm the state's efforts to move along a democratic path. As a result, the funds of believers and the state will be saved, instead of expenses for legal proceedings. And instead of criminal prosecution of believers who are ready to serve their country only as civilian non-combatants (non-military), it would be expedient to involve them in the work of strengthening the state's defense capabilities outside of military formations through volunteer and missionary activities to help the victims. Now about the realities of putting the above into practice. Today, it is clear that for the state, the development of additional mechanisms for alternative service in wartime is a possible task, but at the moment it is being ignored by the state, because there are much more difficult tasks, such as the restoration of critical infrastructure after Russian shelling. According to Maksym Vasin, despite the fact that the bill to settle this issue was submitted to the Verkhovna Rada for consideration a long time ago, the document was not considered: “until now, for almost ten years, the issue of non-combatant alternative service opportunities during mobilization still remains unresolved.”14 Although, according to the lawyer, this would give the state an opportunity to effectively use the services of believers: “first, it will allow to legally mobilize religious citizens 13“Прем’єр-міністр обговорив із Всеукраїнською Радою Церков спільні заходи з протидії російській агресії,” ВРЦіРО, October 19, 2023, https://vrciro.org.ua/ua/events/the-prime-minister-met-with-the-uccro.["The Prime Minister discussed joint measures to counter Russian aggression with the All-Ukrainian Council of Churches," VRCiRO]. 14Корольова, op. cit. OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (MAY 2024) XLIV, 4 42for civil (non-combatant—author’s explanation) service to strengthen the state's defense capabilities. Secondly, it will allow to direct the resources of the police and the prosecutor's office to the fight against corruption, and not against freedom of conscience.”15And, of course, at the international level, solving this issue would show the democratic orientation of the Ukrainian state, since it was the alternative service that was discussed during the meetings of Ukrainian and American government officials within the framework of the Summit on International Religious Freedom. Since, as M. Vasin claims, the draft law on believers was submitted to the Verkhovna Rada a long time ago, but it is ignored, it becomes clear that the problem is not that it is difficult to come up with mechanisms for the implementation of the mentioned initiatives, but that, perhaps, the legislators do not see the point consider it, or do not understand the importance of implementing such a mechanism. We can agree that, first of all, the state needs to focus on protecting the borders, which are attacked every day. But no less important is the restoration of critical infrastructure, rescuing the wounded from the rubble after missile strikes, etc. And this is precisely the field for the work of those who choose an alternative service. Accordingly, it is quite possible to coordinate the mechanism of such a service both at the legislative level and to implement it in practice. Moreover, when people die on both sides every day, the issue of replacing military service with an alternative one in war conditions is possible and necessary, as believers are ready to be active volunteers to help the state and the Armed Forces of Ukraine. Moreover, believers are ready to help, including in dangerous conditions. Just like faithful medical workers who save soldiers directly in the territory of hostilities, faithful drivers who transport soldiers and various cargo, and faithful volunteers who agree only to alternative service, are ready to work where there is a risk to life. After all, in the current war, civilian volunteers are also periodically killed or injured by enemy fire. Therefore, the question of alternative service is not about privilege as protection against the risk of death, but finding the most effective resolution of the needs of the state and the rights of the believers. Conclusion It is not the first time that the Ukrainian state is experiencing difficult circumstances related to the protection of its borders and state interests. The Ukrainian people have a long and suffering 15Ibid. OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (MAY 2024) XLIV, 4 43history, on the pages of which ups and downs are described. Not only the believers of the Seventh-day Adventist Church in Ukraine are currently experiencing the problems caused by the war. The whole country and the world, which are involved in this war, are suffering. On the website of the Adventist Aid and Development Agency, there are news with similar headlines: “A Russian drone dropped ammunition on the warehouse of ADRA Ukraine, where humanitarian aid was being shipped.”16So the risk for a volunteer can in many cases be comparable to the risk of a combatant when a volunteer provides assistance to people in frontline areas. In my opinion, it would be expedient to use the volunteer potential of churches by regulating this issue legislatively. On the other hand, the absence of a procedure for referral to alternative (non-military) service during mobilization, according to the comments of many lawyers, according to conclusions during some court proceedings, according to the clarification of the Ombudsman's office, does not mean that Article 35 of the Constitution of Ukraine has ceased to be effective. Since the Constitution is the supreme law and norm of direct effect, the right to alternative service for the faithful must be preserved even under martial law. The fact that not all courts share this position only speaks of a legal conflict, the existence of which is recognized by many experts. Therefore, attention is needed at the legislative level to projects that can offer effective mechanisms for solving this problem. Tthe defense of the state, using the potential of believers through alternative (non-military) service would be a positive solution. Published Sources ADRA Ukraine. “Російський дрон скинув боєприпаси на склад ADRA Ukraine, де відвантажували гуманітарну допомогу,” August 11, 2023. https://www.adra.ua/rosijskyj-dron-skynuv-boyeprypasy-na-sklad-adra-ukraine-de-vidvantazhuvaly-gumanitarnu-dopomogu/. ["A Russian drone dropped ammunition on the warehouse of ADRA Ukraine, where humanitarian aid was being shipped,"] AdventistArchives.org . “Church Membership Statistics.” Accessed February 28, 2024. https://www.adventistarchives.org/church-membership. Liga: Zakon. “Наказ ‘Про затвердження Інструкції про порядок виконання норм міжнародного гуманітарного права у Збройних Силах України’ від 23.03.2017 № 164 .” Accessed February 27, 2024. https://ips.ligazakon.net/document/TM056991. 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Суд виніс несподіване рішення.” Главком, May 26, 2023. https://glavcom.ua/country/criminal/svjashchenik-svidkiv-jehovi-vidmovivsja-vojuvati-sud-joho-pidtrimav-929979.html. [Taranenko, Vitaly. "The priest of Jehovah's Witnesses refused to fight. The court made an unexpected decision." Chief Commissar] Українська уніонна конференція Церкви адвентистів сьомого дня. “Діяльність ADRA Україна в 2022-23 роках,” 2024. https://adventist.ua/news/ukraine/diialnist-adra-ukraina-v-2022-23-rokakh/. [Ukrainian Union Conference of the Seventh-day Adventist Church. "Activities of ADRA Ukraine in 2022-23,"] OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (MAY 2024) XLIV, 4 45 |