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Max Planck Encyclopedia of Public International Law [MPEPIL]

Martens Clause

Jochen von Bernstorff

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 25 September 2020

Subject(s):
Warfare, land — Belligerence — Occupation — Weapons — Geneva Conventions 1949

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 The Martens Clause in its original formulation in the Preamble of the Convention with Respect to the Laws and Customs of War by Land and its Annex: Regulations Respecting the Laws and Customs of War on Land (‘1899 Hague Convention II’) reads as follows: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 protection and empire of the principles of international law, as they result from the usages...
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