Editing Conscientious objector (section)

====West Germany and reunified Germany====
According to Article 4(3) of the [[Grundgesetz|German constitution]]: "No person may be forced against their conscience to perform armed military service. Details shall be regulated by a federal law."

According to Article 12a, a law may be passed to require every male from the age of 18 to military service called ''Wehrdienst''; also, a law can require conscientious objectors to perform non-military service instead called ''Wehrersatzdienst'', literally "military replacement service", or colloquially ''[[Zivildienst]]''. These laws were applicable and demanded compulsory service in the German [[Bundeswehr|armed forces]] (German: ''Bundeswehr'') until the abolition of draft in 2011. Initially, each conscientious objector had to appear in person to a panel hearing at the draft office (or contest a negative decision at the [[administrative court]]). The suspension of the procedure (1977), allowing to "object with a post card", was ruled unconstitutional in 1978. Beginning in 1983, competence was shifted to the ''Kreiswehrersatzamt'' (district military replacement office), which had discretion to either approve or reject a conscientious objection, which had to consist of a detailed written statement by an applicant giving reasons as to why the applicant was conscientiously objecting. This was generally just a formality, and objections were not often rejected. In later years in particular however, with the rise of the Internet, conscientious objections fell into disrepute because of the ease of being able to simply download existing example objections. It earned some conscientious objections the suspicion of an applicant simply attempting an easy way out of military service. On the other hand, certain organizations within the German peace movement had been offering pamphlets for decades giving suggestions to applicants as to the proper wording and structure of an objection which would have the greatest chances of success.

Following a 1985 Federal Constitution Court decision, Wehrersatzdienst could be no simple choice of convenience for an applicant, but he had to cite veritable conflict of conscience which made him unable to perform any kind of military service at all. If there was doubt about the true nature of an objector's application, he could be summoned to appear before a panel at the Kreiswehrersatzamt to explain his reasons in person. An approved conscientious objection in any case then meant that an applicant was required by law to perform Wehrersatzdienst. Complete objection both to military and replacement service was known as ''Totalverweigerung''; it was illegal and could be punished with a fine or a suspended custodial sentence.

Nearly the only legal way to get both out of military service and replacement service was to be deemed physically unfit for military service. Both men who entered military service and those who wanted to go into replacement service had to pass a military physical examination at the military replacement office. Five categories/levels of physical fitness, or ''Tauglichkeitsstufen'', existed. ''Tauglichkeitsstufe 5'', in short ''T5'', meant that a person was rejected for military service and thus also did not need to enter replacement service. ''T5'' status was usually only granted if a person had physical or mental disabilities or was otherwise significantly impaired, such as due to very poor eyesight or debilitating chronic illnesses. However, in the last years of the draft, T5 was increasingly given to potential recruits with only minor physical or mental handicaps.

Another way to get out of service completely was the ''two brothers rule'', which stated that if two older brothers had already served in the military, any following male children of a family were exempt from service.

Due to [[West Berlin]]'s special status between the end of the Second World War and 1990 as a city governed by foreign military powers, draft did not apply within its borders. This made Berlin a safe haven for many young people who chose to move to the city to prevent criminal court repercussions for ''Totalverweigerung''. As ''Totalverweigerer'' were often part of the far-left political spectrum, this was one factor which spawned a politically active left-wing and left-wing radical scene in the city.

Wehrersatzdienst was for a long time considerably longer than military service, by up to a third, even when the duration of service was gradually reduced following reunification and the end of the Cold War. This was held by some as a violation of constitutional principles, but was upheld in several court decisions based on the reasoning that former service personnel could be redrafted for military exercises called ''Wehrübungen'', while somebody who had served out his replacement service could not. Moreover, work conditions under military service typically involved more hardship and inconvenience than Wehrersatzdienst. In 2004, military service and Wehrersatzdienst were then made to last equal lengths of time.

Military service and draft were controversial during much of their existence. Reasons included the consideration that Germans could be made to fight against their fellow Germans in East Germany. Moreover, draft only applied to men, which was seen as gender based discrimination by some, but was often countered by the argument that women usually gave up their careers either temporarily or permanently to raise their children. With the end of the Cold War and the German military's primary purpose of defending its home territory increasingly looking doubtful, draft also began to become more arbitrary, as only certain portions of a particular birth year were drafted (usually those in very healthy physical condition), while others were not. This was seen as a problem of ''Wehrgerechtigkeit'', or equal justice of military service.

Then-German President [[Roman Herzog]] said in a 1994 speech (which was frequently cited as an argument for draft abolition) that only the necessity for national defense, not any other arguments can justify draft. On the other hand, this logic tended to not be extended to men serving Wehrersatzdienst, as they usually worked in fields of public health, [[elderly care]], medical assistance or assistance for the disabled. Their relatively low-paid work was seen as an ever more important backbone of a health sector which was grappling with rapidly increasing costs of care.

In 2011 the mandatory draft was abolished in Germany, mainly due to a perceived lack of aforementioned necessity. The ''Bundeswehr'' now solely relies on service members who deliberately choose it as a career path. Neither Article 12a (establishing the possibility of draft) nor Article 4 (3) (permitting conscientious objection) have been removed from the German Constitution. In theory, this makes a full reversion to draft (and Wehrersatzdienst) possible, if it is thought to be necessary.