Diplomat Friedrich Martens from which the clause takes its name.
The Martens Clause (pronounced /mar'tɛnz/) is an early international law concept first introduced into the preamble of the 1899 Hague Convention II – Laws and Customs of War on Land.[1] There are differing interpretations of its significance on modern international law, with some scholars simply treating the clause as a reminder international customary law still applies after a treaty is ratified while others take a more expansive approach where the clause provides that because international treaties cannot be all encompassing, states cannot use that as a justification for an action.
^Laws and Customs of War on Land (Hague II)]; July 29, 1899 – via Avalon Project at Yale Law School
The MartensClause (pronounced /mar'tɛnz/) is an early international law concept first introduced into the preamble of the 1899 Hague Convention II – Laws...
Friedrich Fromhold Martens, or Friedrich Fromhold von Martens, (27 August [O.S. 15 August] 1845 – 19 June [O.S. 6 June] 1909) was a diplomat and jurist...
as illegal violations of human rights. Ticehurst R (1997-04-30). The Martensclause and the laws of armed conflict. Int Rev RC #317, @ pp 125–134. Seen...
ratified the relevant convention under the si omnes clause, but this posed concerns and the Martensclause began to be implemented, providing that the law...
his footnote 1 cites The life and works of Martens as detailed by V. Pustogarov, "Fyodor Fyodorovich Martens (1845–1909) – A Humanist of Modern Times"...
inarticulated humanistic values. The term is part of what is known as the MartensClause. On May 24, 1915, the Allied Powers, Britain, France, and Russia, jointly...
to the continuing importance of customary law as articulated by the MartensClause. Such customary international law is established by the general practice...
territories. As a compromise, the Russian delegate, F. F. Martens, proposed the MartensClause, which is included in the preamble to the 1899 Hague Convention...
hist footnote 1 cites The life and works of Martens are detailed by V. Pustogarov, "Fyodor Fyodorovich Martens (1845-1909) — A Humanist of Modern Times"...
Antimilitarism Command responsibility Hague Secret Emissary Affair MartensClause Militarism Rule of Law in Armed Conflicts Project Saint Petersburg Declaration...
sources consider these deportations an act of genocide. Based on the MartensClause and the principles of the Nuremberg Charter, the European Court of Human...
1907 concerning the laws and customs of war on land as well as the "MartensClause" of the preamble of that convention. Meanwhile, Bruno Kertheuser contests...
Enemy combatant, US term used during the "War on Terror" Law of war MartensClause, stating that customary law applies where specific law is lacking in...
published an early account of Russian history Friedrich Martens, legal historian, drafted the MartensClause of the Hague Peace Conference Vladimir Minorsky,...
propaganda war of the 1890s, the "laws of humanity" were included in the MartensClause of the Hague Conventions and as a result, they were legally enshrined...
excavated the Sogdian ruins at Panjakent Friedrich Martens, legal historian, drafted the MartensClause of the Hague Peace Conference Vladimir Minorsky,...
by a machine.” To support their standpoint, they repeatedly cite the MartensClause. In the end of this meeting, the most important consequentialist objection...
pending, The Baltic Times, 14 March 2002; retrieved 6 May 2013. "The MartensClause And International Crimes in Estonia", ksk.edu.ee; retrieved 6 May 2013...
International humanitarian law List of International Court of Justice cases MartensClause Mutual assured destruction Nuclear warfare Nuclear weapons convention...
excavated the Sogdian ruins at Panjakent Friedrich Martens (1845-1909), legal historian, drafted the MartensClause of the Hague Peace Conference Vladimir Minorsky...
Frits Kalshoven, Professor Emeritus of Leiden University - From the MartensClause to Tadic Jurisdiction and beyond: custom and principle as sources of...
of Paris Treaty of Björkö Taft–Katsura agreement Hague Conventions MartensClause Japan–Korea Treaty of 1905 Japan–Korea Annexation Treaty Racconigi agreement...
and 6 annexes. Echoing its 1907 forebear, it also contains its own "MartensClause" in the Preamble. The Proposed Convention builds upon and complements...
from the laws of humanity and the dictates of public conscience": 'MartensClause' (Preamble, 1907 Hague Convention IV Respecting the Laws and Customs...
Archived from the original on March 13, 2020. Retrieved March 10, 2020. Martens, Todd (April 8, 2014). "Goldenvoice releases Coachella set times, adds...
and Just 17 but only played a few live shows, notably opening in the Dr Martens tent for the 1997 Reading Festival. Alper then joined Reading-based band...
Johannes Marten den Uijl, better known as Joop den Uyl (Dutch: [ˈjoːb dən ˈœyl] ; 9 August 1919 – 24 December 1987) was a Dutch politician and economist...