Conscription, also known as the draft in American English, is the practice in which the mandatory enlistment in a national service, mainly a military service, is enforced by law. Conscription dates back to antiquity and it continues in some countries to the present day under various names. The modern system of near-universal national conscription for young men dates to the French Revolution in the 1790s, where it became the basis of a very large and powerful military. Most European nations later copied the system in peacetime, so that men at a certain age would serve 1 to 8 years on active duty and then transfer to the reserve force.
A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of conscience or religion. The term has also been extended to objecting to working for the military–industrial complex due to a crisis of conscience. In some countries, conscientious objectors are assigned to an alternative civilian service as a substitute for conscription or military service.
Bartholomew Augustine Santamaria, usually known as B. A. Santamaria or Bob Santamaria and sometimes writing under the pseudonym John Williams, was an Australian Roman Catholic anti-communist political activist and journalist. He was a guiding influence in the founding of the Democratic Labor Party (DLP), the party that split from the Labor Party (ALP) in the 1950s.
Conscription evasion or draft evasion is any successful attempt to elude a government-imposed obligation to serve in the military forces of one's nation. Sometimes draft evasion involves refusing to comply with the military draft laws of one's nation. Illegal draft evasion is said to have characterized every military conflict of the 20th and 21st centuries, in which at least one party of such conflict has enforced conscription. Such evasion is generally considered to be a criminal offense, and laws against it go back thousands of years.
Conscription in Australia, also known as National Service following the Second World War, has a controversial history which dates back to the implementation of compulsory military training and service in the first years of Australia's nationhood. Military conscription for peacetime service was abolished in 1972.
In the United States, military conscription, commonly known as the draft, has been employed by the U.S. federal government in six conflicts: the American Revolutionary War, the American Civil War, World War I, World War II, the Korean War, and the Vietnam War. The fourth incarnation of the draft came into being in 1940, through the Selective Training and Service Act; this was the country's first peacetime draft.
Maurice McCrae Blackburn was an Australian politician and socialist lawyer, noted for his protection of the interests of workers and the establishment of the legal firm known as Maurice Blackburn Lawyers.
The 1916 Australian referendum, concerning how conscripted soldiers could be deployed, was held on 28 October 1916. It was the first non-binding Australian referendum, and contained one proposition, which was Prime Minister Billy Hughes' proposal to allow conscripted troops to serve overseas during World War I.
The Sydney Twelve were members of the Industrial Workers of the World arrested on 23 September 1916 in Sydney, Australia, and charged with treason under the Crimes Act 1900 (NSW) which incorporated the Treason Felony Act 1848 (Imp). They were John Hamilton, Peter Larkin, Joseph Fagin, William Teen, Donald Grant, Benjamin King, Thomas Glynn, Donald McPherson, Thomas Moore, Charles Reeve, William Beattie, and Bob Besant. The treason charges were dropped prior to trial and replaced with three conspiracy charges: (1) conspiracy to commit arson (2) conspiracy to procure the release of Tom Barker from gaol by unlawful means and (3) conspiracy to excite sedition.
Simon Townsend is an Australian journalist who became a popular television host during the 1980s. He is now retired.
Compulsory military training (CMT), a form of conscription, was practised for males in New Zealand between 1909 and 1972. Military training in New Zealand has been voluntary before then and ever since.
William "Bill" White was a Sydney school teacher during the Vietnam War. In July 1966, White defied a notice to report for duty at an army induction centre. White was the first Australian to be a public conscientious objector to the Vietnam War. Both this initial application for total exemption and subsequent appeals were rejected. White was removed from his classroom and ordered to report to Army quarters at Watsons Bay. He refused to comply and waited at home for the authorities to make the next move.
In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's confinement under color of law. A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."
Wilfred George Petersen was an Australian politician, affiliated with the Labor Party and elected as a member of the New South Wales Legislative Assembly.
Superior orders, also known as just following orders or the Nuremberg defense, is a plea in a court of law that a person, whether civilian, military or police, can be considered guilty of committing crimes ordered by a superior officer or official. It is regarded as a complement to command responsibility.
Carl Haessler (1888–1972) was an American political activist, conscription resister, newspaper editor, and trade union organizer. He is best remembered as an imprisoned conscientious objector during World War I and as the longtime head of the Federated Press, a left wing news service which supplied content to radical and labor newspapers around the country.
Draft-card burning was a symbol of protest performed by thousands of young men in the United States and Australia in the 1960s and early 1970s as part of the anti-war movement. The first draft-card burners were American men participating in the opposition to United States involvement in the Vietnam War. The first well-publicized protest was in December 1963, with a 22-year-old conscientious objector, Gene Keyes, setting fire to his card on Christmas Day in Champaign, Illinois. In May 1964, a larger demonstration, with about 50 people in Union Square, New York, was organized by the War Resisters League chaired by David McReynolds.
Robert Martin is an Australian historian who resisted conscription for military service during the Vietnam War.
Draft evasion in the Vietnam War was a common practice in the United States and in Australia. Significant draft avoidance was taking place even before the United States became heavily involved in the Vietnam War. The large cohort of Baby Boomers and late Silent Generationers allowed for a steep increase in the number of exemptions and deferments, especially for college and graduate students. More than half of the 27 million men eligible for the draft during the Vietnam War were deferred, exempted or disqualified.
The court-martial of Howard Levy occurred in 1967. Howard Levy was a United States Army doctor who became an early resister to the Vietnam War. In 1967, he was court-martialed at Fort Jackson, South Carolina, for refusing an order to train Green Beret medics on their way to Vietnam. He said it "became clear to me that the Army [was using medics] to 'win hearts and minds' in Vietnamese villages - while still burning them to the ground in search-and-destroy missions." He considered the Special Forces "killers of peasants and murderers of women and children".
