The Complexities Of Conscription: Examining Afghanistan's Wartime Draft Policies

Since the draft was abolished in 1973, there has been no instance of drafting citizens into the Afghanistan War. However, the Selective Service System, or the military draft, requires almost all male US citizens and immigrants between the ages of 18 and 25 to register with the government. While women are not excluded from combat service, they are also not required to register for the draft. The draft can be reinstated if Congress and the President deem it necessary during a national emergency or war.

The US draft registration and potential reintroduction

The US draft, also known as the Selective Service System (SSS), is an independent agency of the US government that maintains a database of registered US citizens and other US residents potentially subject to military conscription (i.e., the draft). While the US military is currently an All-Volunteer Force, registration is still required for contingency planning and preparation for two types of draft: a general draft based on registration lists of people assigned male at birth, aged 18-25, and a special-skills draft based on professional licensing lists of workers in specified health care occupations. In the event of either type of draft, the Selective Service System would send out induction notices, adjudicate claims for deferments or exemptions, and assign draftees classified as conscientious objectors to alternative service work.

The Selective Service System is a contingency mechanism for the possibility that conscription becomes necessary. Registration may be required for various federal programs and benefits, including job training, federal employment, and naturalization.

History of the US Draft

The Selective Service System was created by the Selective Service Act of 1917, passed by the 65th US Congress on May 18, 1917. This gave the president the power to conscript men for military service, with all men aged 21-30 required to enlist for a service period of 12 months. The military draft was discontinued in 1920.

The Selective Training and Service Act of 1940 established the first peacetime conscription in US history, requiring all men aged 18-64 to register. The Selective Service System created by this act was terminated in 1947.

The Selective Service Act of 1948 created a new and separate system, the basis for the modern system. All men aged 18 and older had to register, with those between 18 and 25 eligible to be drafted for a service requirement of 21 months.

The Military Selective Service Act of 1967 expanded the ages of conscription to 18-55 and ended student deferments, except for divinity students.

On January 27, 1973, Secretary of Defense Melvin Laird announced the creation of an all-volunteer armed forces, negating the need for the military draft. However, on July 2, 1980, President Jimmy Carter signed Proclamation 4771, which retroactively re-established the Selective Service registration requirement for all 18-26-year-old male citizens born on or after January 1, 1960, in response to the Soviet invasion of Afghanistan in 1979.

Potential Reintroduction of the Draft

There have been recent discussions about the potential reintroduction of the draft, including proposals to extend registration requirements to women. In 2021, the House of Representatives passed the National Defense Authorization Act, which included an amendment stating that "all Americans between the ages of 18 and 25 must register for selective service." This amendment was ultimately removed before the bill was passed.

In December 2019, the bipartisan "Selective Service Repeal Act" was introduced in the House of Representatives, seeking to repeal the Military Selective Service Act and abolish the Selective Service System. Similar bills have been introduced in subsequent years.

While there is currently no draft in the US, the Selective Service System remains in place if needed to maintain national security. The mandatory registration of all male civilians aged 18-25 ensures that the draft can be quickly resumed if required.

Who is eligible for the draft?

In the United States, the draft, or military conscription, has been used 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 Selective Service System, or the military draft, requires almost all male U.S. citizens and immigrants, between the ages of 18 and 25, to register with the government. However, only men are currently required to register for the draft. Women have not been excluded from combat service since 2013, but Congress would have to change the law for women to be required to register.

The draft was abolished in 1973, and the U.S. Armed Forces moved to an all-volunteer military. However, conscription remains in place on a contingency basis. All male U.S. citizens, regardless of where they live, and male immigrants, whether documented or undocumented, residing in the U.S. and aged 18 to 25, are required to register with the Selective Service System. Additionally, federal law provides for the compulsory conscription of men between the ages of 17 and 44 who are or intend to become U.S. citizens, and women in certain healthcare occupations, for militia service.

The Selective Service System has a separate mission from the Defense Department. Its mission is:

> To register men and maintain a system that, when authorized by the President and Congress, rapidly provides personnel in a fair and equitable manner while managing an alternative service program for conscientious objectors.

The Selective Service System says it would most likely hold a draft lottery based on dates of birth if a draft were to be implemented today. Those who are 20 years old or turning 20 during the year in which the numbers are drawn would be the first to go. Beginning on January 1 of the year an eligible male turns 21, he would drop into the second priority category, and men born the following year would move into the priority group one. Each succeeding year, a draft-eligible man drops into the next lower priority group until he reaches his 26th birthday, at which point he is over the age of liability for the draft.

Several groups are exempt from registering for the draft, including those on active duty, some disabled persons, and those who are incarcerated. Conscientious objectors, or those opposed to serving in the armed forces or bearing arms on moral or religious grounds, are required to register.

The impact of the draft on US military capability

Advantages of the Draft

A draft could provide a larger and more diverse pool of personnel for the military. This could be beneficial in addressing staffing shortages and ensuring that the military reflects the society it serves. In the case of a major conflict or national emergency, a draft could rapidly expand the military's capacity and enable it to meet the demands of a large-scale war.

Disadvantages of the Draft

However, there are also several potential drawbacks to reinstating the draft. Firstly, a draft could lead to disciplinary issues, morale problems, and higher turnover rates within the military. The presence of unwilling conscripts, as seen in the Vietnam War, can result in lower morale and increased discipline problems. Additionally, conscripts tend to reenlist at lower rates than volunteers, impacting the military's experience and capability.

Secondly, the draft could force some of the "wrong people" into the military. In other words, individuals who are more productive in other fields or who have a strong aversion to military service may be compelled to serve. This not only affects the individual's career trajectory but also reduces their overall contribution to society.

Thirdly, a draft may encourage the government to misuse resources and overextend its military commitments. With a larger pool of personnel, the government may be tempted to engage in more military interventions, potentially leading to a higher number of protracted conflicts.

Lastly, the draft is inherently unfair and inefficient. It forces individuals to serve against their will and amounts to a tax on military personnel, particularly those from lower-income backgrounds. The draft enables the military to pay lower wages, shifting the financial burden from the general public to junior military personnel.

In conclusion, while a draft may provide a numerical boost to the military, it could also introduce a range of challenges that hinder overall effectiveness. These include morale issues, higher turnover rates, and the potential misuse of resources. Therefore, a careful consideration of the advantages and disadvantages is necessary before making any decisions regarding the reinstatement of the draft.

The potential for a draft in Afghanistan

Afghanistan has long been a war-torn country, with the most recent war being the US-Afghan War. However, there has been no draft for the US-Afghan War.

In the US, the draft, or conscription, is known as the Selective Service System. This system requires almost all male US citizens and immigrants, aged 18-25, to register with the government. While women have not been excluded from combat service since 2013, they are not required to register for the draft. For women to be required to register, Congress would have to change the law.

In 2020, a bill was introduced to include women in the draft after a national commission studied the issue for four years. However, Congress is yet to pass this bill.

In recent years, there has been increasing pressure to require women to register for the draft, especially since the Pentagon opened all combat jobs to women in 2015. Despite this, the idea of a draft is now so alien to young Americans that its return would likely be met with protests.

In 2023, the US military was facing a recruiting crisis, falling 10,000 recruits short of their goal. This, along with the constant mobilisation of reservists to active duty, has led to suggestions that a draft may be necessary.

However, the US has not had a draft since 1973, and the responsibility for national defence has been shared by all Americans since then. In the 50 years since the draft was abolished, US leaders have sent troops into conflict 134 times, compared to 24 times in the 40 years before.

The US military is extremely selective about who it lets join, with the majority of young Americans today being disqualified for medical reasons, or because of criminal records and drug use. In the event of a draft, these requirements would likely have to be relaxed, reducing the quality of the fighting force.

However, Afghanistan is a multi-ethnic country, with each ethnic group claiming priority over the others. The Pashtun are the majority ethnic group, forming 40% of the population and ruling Afghanistan for over two centuries. The other ethnic groups, such as the Tajik, Hazara, and Uzbek, have been marginalised and oppressed by Pashtun dictatorships.

Today, most of the soldiers fighting against the Taliban in southern Afghanistan are non-Pashtun. If other ethnic groups join the army and fight against the Pashtun-led Taliban, it will no longer be a war against the Taliban but against their own countrymen. Therefore, it is unlikely that the Afghan government will implement mandatory military service.

In conclusion, while there is a possibility that the US may consider reinstating the draft to address its military recruitment issues, it is unlikely that Afghanistan will implement a draft due to its complex ethnic dynamics and the potential for further conflict between ethnic groups.

The consequences of resisting the draft

Resisting the draft can have serious consequences, and these can vary depending on the country and the individual's circumstances. Here are some potential consequences of resisting the draft:

Legal Consequences

In many countries, draft evasion or resistance is considered a criminal offence, and individuals who refuse to comply with military conscription laws may be prosecuted and punished. This can include fines, imprisonment, or even more severe penalties. For example, during World War II, draft evasion in the United States was punishable by execution or jail time.

Loss of Benefits and Opportunities

In some countries, failing to register for the draft or refusing to serve may result in the loss of various benefits and opportunities. This can include student aid, government employment, citizenship, or other government benefits. For instance, in the United States, men who fail to register for the draft by the age of 26 may face difficulties in accessing federal and state benefits.

Social Stigma

Individuals who resist the draft may face social stigma, criticism, or ostracism. They may be labelled as "draft dodgers" or accused of cowardice or disloyalty. This stigma can persist long after the draft resistance has occurred and can affect an individual's social standing, relationships, and career prospects.

Exile or Emigration

In some cases, individuals who resist the draft may choose to leave their country to avoid punishment or conscription. This was particularly common during the Vietnam War, when thousands of young men fled to Canada, Sweden, or other countries to avoid the draft. While these individuals may have found safety and support abroad, they also faced challenges such as potential imprisonment or loss of benefits if they returned home.

Imprisonment or Forced Military Service

For those who are caught or unable to leave the country, resisting the draft may result in imprisonment or forced military service. In some cases, individuals may be forcibly drafted and sent to the front lines of a conflict, even if they had initially resisted or attempted to evade conscription.

Physical and Psychological Consequences

Resisting the draft can also take a toll on an individual's physical and mental health. The stress and anxiety of evading authorities, living in hiding, or facing punishment can lead to psychological issues. Additionally, individuals who are forcibly conscripted may be subjected to harsh treatment, including physical abuse, during their military service.

Impact on Family and Loved Ones

Finally, resisting the draft can also have consequences for the family and loved ones of the individual involved. They may experience worry, anxiety, or financial difficulties due to the actions of their relative or friend. In some cases, families may even be torn apart or displaced due to draft resistance, particularly if they choose to emigrate together.

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