Jump to Content Jump to Main Navigation
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, 2021. All Rights Reserved.date: 23 January 2021

Warfare, land — Belligerence — Occupation — Weapons — Geneva Conventions 1949

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

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...
Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.