ABSTRACT
Given the inherent difficulties associated with defining the right to military conscientious objection, this chapter refers to the basis for asserting that military objection is a recognised customary right under international law. In doing so, it highlights the problems associated with such a contention and the normative consequences that one may derive from such developments. The chapter also considers the significance of an individual’s assertion of a right to military objection by focusing on the right to selective conscientious objection to the military. It focuses on various international and domestic laws that seem to provide for the right to selective conscientious objection, particularly when considering that the right derives from the right to freedom of conscience. In Germany, objection to the use of nuclear weapons is grounds for upholding a military conscientious objection claim. Similarly, Norway recognises an objection to the use of weapons of ‘mass destruction’.
