In recent years, war has been thrust into European public consciousness for the first time in decades.

With Russia’s invasion of Ukraine in 2022, then followed by the ongoing conflict in Gaza, war is front and centre in the minds of many on the ‘old continent’.

For some countries, this is a more direct threat than others. Finland and Sweden, for example, two countries geographically close to Russia, have joined Nato on the back of the conflict.

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But many countries and political leaders are talking up defence spending and putting their countries on a war footing.

NATO Secretary-General Jens Stoltenberg said recently in the German press that we, referring to the West, must “prepare ourselves for a confrontation that could last decades.”

In the UK, the head of the British Army floated the idea of a ‘citizen’s army’ but the idea of military conscription was quickly shot down.

Spain has been a Nato member since 1982 and is home to American military bases. For Spaniards however, and for many Western Europeans, the conflicts of the 2020s can seem far and distant.

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With regards to the conflict in Ukraine, Spain has stood strong with the wider EU position. On the crisis in the Middle East on the other hand, Spain has taken a slightly incongruent position compared to most European countries, being openly critical of Israel and backing formal recognition of a Palestinian state.

But besides public overtures and Prime Minister Pedro Sánchez’s appearances on the world stage, modern day war isn’t something that likely overly concerns many Spaniards. Not directly affecting Spain and Spaniards themselves, at least.

However, a little known quirk of the Spanish Constitution means that military conscription or mobilisation could, theoretically at least, be an option in Spain in wartime.

Compulsory military service was abolished in Spain in March 2001, under then Prime Minister José María Aznar. But Article 30 of the Spanish constitution retains some rather vague wording about defending Spain in times of crisis that potentially leaves the option open, despite Spain having a professional army:

Article 30:

Spaniards have the right and duty to defend Spain.

The law shall establish the military obligations of Spaniards and shall regulate, with due guarantees, conscientious objection, as well as other grounds for exemption from compulsory military service, and may impose, where appropriate, an alternative social service.

A civilian service may be established for the fulfilment of purposes of general interest.

The duties of citizens in cases of grave risk, catastrophe or public calamity may be regulated by law.

The wording in the legal text is broad and open to interpretation. Legally speaking, Spanish citizens have a “right and duty to defend Spain,” and, crucially, “the duties of citizens in cases of grave risk, catastrophe or public calamity may be regulated by law” — in other words, in wartime, laws could be passed to mobilise the public.

What exactly this entails is unclear. Hopefully nobody will ever find out, and it seems unlikely to be active military service, although it could include a mobilisation of some sort. 

Spain’s National Security Law, reformed as recently as 2022, more concretely outlines the Spanish State’s response plans to catastrophes such as pandemics, natural disasters and wars. Although the law does not explicitly state that Spaniards could be actively mobilised in the event of war (this seems unlikely due to the fact Spain has a fully professional army) it does establish a broader strategic approach that would fully involve civil society and the “active participation of citizens and civil society organisations.”

In crises, for example, private resources can essentially be taken by the government, if necessary, such as weapons and medical equipment.

However, for any Spaniards worried about a return of the sorts of military conscription seen in the 20th century, the right to be a conscientious objector is recognised in Article 30.2 of the Constitution, so on this basis, forced conscription for active military service would not be allowed.

For professional soldiers, however, the consequences are a little more severe. Spain’s Military Penal Code imposes sanctions on soldiers who refuse to go to a war.

Disappearances of more than 24 hours are punishable by 3 to 10 years in prison, according to Article 199 of the Military Criminal Code. The crime of desertion, when a soldier does not perform his or her duties or abandons their station, is punishable by up to 15 years in prison.

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