The Right to Refuse Military Orders by Merja Pentikäinen

By Merja Pentikäinen

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Oppressionjusr heightensangerwithout affording a posibiliry m improvethesituation,although the latter is alsothegovemment'saim. The secondchoiceresults in the continuanceof the prevailing systemand preventinganychangeof course. My fint sentencewastwentymonths'imprisonment of which I served six months in prison and the rest on probation. Educationwould makeus seebetter not only the mattersof ourown countrybut alsothoseof therestof the world. e. in different 1to th" discussion afterhis presentation Arrarte specified tfrat in court he was accused of not obeying a military order.

Needlessto say,the court did not put fonvardany proof of this alleged affection. The courtsimply could not lay its finger on anythingan4 wantingme to lose the lawsuit,the court certainlydid not tell the truth. ut-martialled for his refusal to obey such a superiororder, in his stratement before the court pointed to thefactttratnuclearweaponswould notdiscriminatebenveencombatans and the civilian population. The experiencesof thesesoldien wittrjudicial decisionsdid not differ essentially from my own.

The mnger coqps,called gendarmerie,werepolice forces organizedaccording to military rules andcreatedfo permanentlywatchover orderobservance. 'The Romanian Army had' therefore,as its main assignmentthe defence of the independenceandsovereigntyof the motherlandandnot the counFy'sdomestic problemswhich fell under theresponsibilityof specializedcorps. Edinua stiintitifica- Bucurcsti 1957. Cr. 440). 2RomanianEncyclopedia, Vol. (p. 704). 47 The military and constitutional conception,in accordancewith which the Romanian Army had as its main task the defenceof the homelandand the forefathers'bordersis revealedin numerousdocumentsof thepastand constantty reaffirmed in the writings and speechesof Romanianthinkers, officials and politicians.

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