ABSTRACT
This chapter refers to the basis for asserting that military objection is a recognised customary right under international law. It 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. Decisions and recommendations of international bodies have held that the treaties do not unequivocally provide for the right to military conscientious objection. The declarations and resolutions carry some weight towards demonstrating an opinio juris among states and have some form of influence given the change in attitude by the Human Rights Committee (HRC) and possibly the European Convention for the Protection of Human Rights (ECHR). Similar to resolutions and declarations developed in international fora, domestic state practice indicates some universality regarding the right to military conscientious objection. The Handbook grants asylum status to an individual required to participate in military actions contrary to one's political, religious, or moral beliefs, or for 'valid reasons of conscience'.
