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KembaraXtra – Legal Terms – Martens Clause
The Martens clause is a provision first introduced into the Hague Conventions of 1899 and 1907 by the Russian jurist Friedrich von Martens.
The clause states that even where a treaty does not specifically prohibit a particular method of warfare, conduct may still be governed by broader principles of international law, humanity, and public conscience.
Its purpose is to ensure that gaps in treaty law do not imply unrestricted freedom during armed conflict. The clause therefore prevents parties from arguing that anything not expressly forbidden is automatically lawful.
The Martens clause remains influential in modern international humanitarian law and continues to guide interpretation of the laws of armed conflict.
The Martens clause is a provision first introduced into the Hague Conventions of 1899 and 1907 by the Russian jurist Friedrich von Martens.
The clause states that even where a treaty does not specifically prohibit a particular method of warfare, conduct may still be governed by broader principles of international law, humanity, and public conscience.
Its purpose is to ensure that gaps in treaty law do not imply unrestricted freedom during armed conflict. The clause therefore prevents parties from arguing that anything not expressly forbidden is automatically lawful.
The Martens clause remains influential in modern international humanitarian law and continues to guide interpretation of the laws of armed conflict.
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