publication

A transcivilizational call to factor in the practice of Asian states and peoples in customary international law and treaty interpretation conscientious objection as a case study

Authors:
André-Philippe OUELLET
2025

International law has been predominantly shaped by the West. Despite decolonization, insufficient attention has been paid to non-Western civilizations’ practices, including Asian civilizations. This article examines this insufficiency in relation to treaty interpretation and customary international law identification. To do so, it uses the notion of conscientious objection to military service as a case study. Despite particularly adverse state practice, chiefly in Asia, the International Covenant on Civil and Political Rights (ICCPR) treaty body and UN organs began affirming in the 1990s that the Covenant includes a right to conscientious objection to military service. The first part analyzes whether such a right can be implied from the ICCPR, inter alia, by assessing the practice of Asian states. The second part endeavours to explain the gap between the international human rights machinery’s pronouncements and non-Western practice by discussing the Western-centrism and individual-centrism of interpretations adopted by human rights bodies and organs.