How to Avoid a Draft

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Wars are a terrible reality of life. Worse still is that you, even if you oppose war, can be forced to fight through what is called a military draft. Many countries require men (and less often women) to serve in the military in war or even in peace. While we no longer have an active draft, all male US citizens and some male immigrants aged 18 to 25 must also register with Selective Service for a potential future draft within 30 days of turning 18. What are you to do? Rest assured that there are a few options – some legal, some illegal – that can help you to avoid fighting.

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Seeking Legal Advice

Consult a good lawyer. Evading a mandatory military service is a crime and often carries serious consequences. In one recent case, an Australian national was arrested and jailed in Israel for draft evasion; she had lived there for four years as a teenager. [1] X Research source Talk to a lawyer before you do anything. They can update you on the law and give you advice about your options.

Recently, Polish men have been moving to Britain in order to escape the draft in their country, which is punishable by three years in prison. They have been able to do so because of fairly open freedom of movement between countries in the European Union. [4] X Research source

Questions to consider include whether you have dual citizenship in a country not at war. It may be possible for you to go there. Are you gay, lesbian, bisexual, transgender, or intersex? Many militaries do not let such people serve in the military.
Are you a member of a religious organization that is historically pacifist, like the Quakers, Mennonites, or Jehovah’s Witnesses? If so, you may qualify as a “conscientious objector” or someone who opposes war or violence by reason of religious belief.
Do you have any physical or mental conditions that could prevent you from being drafted? Document them. Do you have a mild case of asthma? Go to the doctor once a month to get it on record. Whatever your condition, document it as much as possible. You will need to present comprehensive documentation.

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Filing for Conscientious Objector Status

To start the process, you will have to file a formal application. You will have to document your views and prove to the investigators of your claim that you are not objecting simply to avoid service or out of expedience. You have to show that your reasons are based on sincere belief. Your investigators will judge your participation in a religious organization, your pattern of conduct, whether your beliefs were shaped by serious ethical or moral study, and other factors.

Keep in mind that your interviews are not “privileged.” This means, for example, that they can ask confidential questions about you from a chaplain who knows you previously. In this case, you should request to be interviewed by a different chaplain.

Since the US now has a voluntary military and requires you to swear an oath at your induction into the service, becoming a conscientious objector is hard. Basically, you have to be able to prove that your views on war changed after you swore the military oath.

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Filing a Refugee Claim

The UN considers there to be five situations when refugee status is appropriate: if the punishment for objecting from conscience amounts to “persecution”; if you have objected to military acts that are atrocities or violate standards of international law; if you object to military service in conditions that amount to torture or inhumane treatment; if you are fleeing recruitment by a non-state group and the state is unable to protect you; or if you are a child resisting illegal recruitment. [5] X Research source

Choose a refuge country carefully. If you decide to pursue a refugee claim, be very careful with your choice of host country. You should file as a refugee in a country that will not send you back to your home country. For instance, the days of safely crossing the border to Canada as a US military objector are long over. While the legal landscape is not entirely clear, deserters and others can be arrested and deported to face trial under the terms of the current extradition treaty. [6] X Research source Countries that don’t often deport US citizens include Ecuador, Russia, and Venezuela. [7] X Research source

Make sure to consult an attorney at this stage, if possible. She can guide you through the sometimes complicated legal forms.
Keep in mind that the approval process will be lengthy. In Canada, for example, wait times can be as long as 36 months. [9] X Research source
You may not be able to work for part of this time, if you are allowed entry. In the United States, asylum applicants must wait 150 days before they can apply for work-status. [10] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source

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Qualifying as Exempt, Deferring Service, or Refusing

Remember that the US does not currently have a draft. You can only file an exemption claim in the future, after getting orders to report, to the closest Selective Service office. [11] X Research source
Some countries, including the US until recently, prohibit gay people from serving. This is still the case in Turkey, where, however, you have to submit “proof” of your status by answering questions, providing pictures, or worse. Making use of this exemption can get you out of a draft, but can be traumatic and humiliating. [12] X Research source
Some countries also allow you to pay an exemption fee to get out of military service. In Turkey, this fee was recently lowered from 10,000 to 6,000 Euros. Still, the cost is so expensive that only well off families can afford it.

The law in the United States also provides for appeals to draft status. If, in the event of a future draft, you file to change your draft classification, you automatically get a deferral until your claim is processed. [14] X Research source

In the United States, you can be prosecuted for refusing to register with Selective Service, though this has not happened since 1986. [15] X Research source The government can also deny you federal student aid, employment with the government, or, if you are an eligible immigrant, US citizenship. [16] X Research source

Community Q&A

Is the draft slavery? Community Answer Many people feel this way; the difference, it would seem, is that drafted soldiers receive pay.

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How old do I have to be to join the Marines? Community Answer

You have to be at least 17 (with a parent's consent), or 18 (without a parent's consent) to join the USMC.

Would it be enough to file a condition claim if I have somewhat severe asthma, so that even doing simple exercises makes it hard to breathe? I would mainly not be able to keep up with the others.

Community Answer

Yes, if you have a health problem, you wouldn't be drafted. The process of drafting someone involves a health check, asthma would stop you from going to war.

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