Dual Citizenship and Military Service Obligation

Dual Citizenship and Military Service Obligation: Legal Framework and Implementation Principles

In a globalized world, dual citizenship is becoming increasingly common, and one of the most complex legal processes it brings with it is **"military service."** Although military service is defined as "national service" in the constitutional order of the Republic of Turkey, how this duty is to be fulfilled or the conditions for exemption for dual citizens are frequently the subject of disputes.

In this article, we examine the military service status of dual citizens within the framework of the Military Recruitment Law No. 7179 and related legislation

1. Basic Rule: Is Military Service Required in Both Countries?

According to the laws of the Republic of Turkey, possessing the citizenship of another state does not, as a rule, automatically terminate the military service obligation arising from Turkish citizenship. However, Turkey "one-time military service" or "exemption" mechanisms to prevent the hardship of dual citizens.

Law No. 7179, Article 45

Article 45 of the Military Conscription Law regulates the status of those performing military service in a foreign country. Accordingly;

Those who have completed military service in countries with which Türkiye has a bilateral agreement, or in countries designated by a Cabinet/Presidential decree, may be exempt from military service in Türkiye if they can document their service.
Important: Those who acquired Turkish citizenship later in life are exempt from military service in Turkey if they can prove they completed their military service in their country of origin.

2. Military Service Exemption by Paying Foreign Currency: An Alternative for Those Living Abroad

The vast majority of dual citizens fulfill their military obligation through "Military Service by Paying Foreign Currency"

Requirements: Must have worked or resided in a foreign country for at least 3 years (1095 days).
Payment: If the specified amount in foreign currency is paid in full, the individual will be considered to have completed their military service and will not physically enter the barracks.

3. The Issue of Military Service in Light of Court Decisions

Military law generally falls within the jurisdiction of administrative courts (Council of State). There are precedents, particularly regarding "military service exemption" and "cancellation of the right to perform military service through payment in foreign currency.".

Decision of the 12th Chamber of the Council of State

Subject: Cancellation of military service exemption for dual citizens residing abroad due to an error in calculating their length of stay in Turkey.

Judicial Opinion: The Council of State protects the vested rights of citizens by ruling to "annul the administrative action" in cases where a material error has been made in calculating the time spent abroad. If the individual has actually completed the 1095-day requirement, administrative record errors cannot be interpreted against the citizen.

The Supreme Court and Military Criminal Aspects (Desertion/Absence from Military Service)

The Supreme Court examines the cases of individuals with dual citizenship who have not completed their military service, under the scope of the "Military Penal Code"

Precedent Approach: There are rulings stating that in cases where a dual citizen proves that they resided in a foreign country and intended to notify the Turkish authorities (but neglected to do so), no penalty should be imposed due to "lack of intent." However, this does not provide absolute immunity.

4. The Importance of Bilateral Agreements (Strasbourg Treaty)

Turkey is a party to the 1963 **“Convention on Military Obligations in Cases of Multiple Nationality”** (although it has reservations about some of its articles). According to this convention:

A person with dual citizenship is exempt from military service in the other country if they complete their service in the country where they reside.
If a person does not reside in either country, they can perform military service in the country of their choice.

Legal Notice: Turkey takes this agreement into account, particularly in its relations with European countries. However, this does not automatically apply to every country; a "certificate of exemption" must be presented through the consulate.

5. Key Recommendations for Dual Citizens

Notification Obligation: When you acquire citizenship of another country, you must notify the Turkish authorities (Registry Office or Consulate). Failure to notify citizenship will cause problems in military service deferment procedures.
Time Management: It is vital that the 1095-day period required for military service exemption through payment in foreign currency is not interrupted (such as not staying in Turkey for more than 6 months during the year).
Service Integration: If you completed your compulsory or paid military service in another country, you must apply to the General Directorate of Military Recruitment of the Ministry of National Defense with an apostilled translation of your discharge certificate.

Conclusion

Dual citizenship is not a refuge for evading military service; it is a status that must be managed legally. Although our laws provide flexibility for our citizens living abroad, incomplete procedural steps can lead to being classified as a "draft evader" and cause hardship at border crossings.

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