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Antonio Cassese

From: The Oxford Companion to International Criminal Justice

Edited By: Antonio Cassese (Editor-in-Chief)

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 27 September 2023

The Clause takes its name from a declaration read by a Russian delegate at the First Hague Peace Conference of 1899, Fyodor FyodorovMartens (a.k.a. Friedrich Fromhold Martens or Frédéric de Martens, 1845–1909). The Clause was first introduced into the preamble of the 1899 HC II: ‘Until a more complete code of the laws of war is issued, the High Contracting Parties think it right to declare that in cases not included in the Regulations adopted by them, populations and belligerents remain under the protection and empire of the principles of international law, as...
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