Case Law

Art. 3 Asylum Law, Art. 1 A ciph. 2 Geneva Convention: Relevance of the impending punishment for desertion. Military service cannot be considered as a legitimate civic duty if a person was forcibly recruited in a country where military service is not compulsory. Even if military service is compulsory, it cannot be regarded as a legitimate civic duty if it involves participation in acts banned by international law and proscribed by the international community. In such situations, the threat of punishment due to desertion may be relevant for the granting of asylum.

9 October 2002 | Judicial Body: Switzerland: Commission suisse de recours en matière d'asile | Topic(s): Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: Rwanda - Switzerland