Martens Clause

1899

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June 30, 2026

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The Martens Clause, first appearing in an 1899 Hague Convention, addresses situations not covered by specific treaty provisions in the laws of war. It states that until a more complete code exists, inhabitants and belligerents remain protected by the principles of international law derived from established usages, the laws of humanity, and the dictates of public conscience. This clause is crucial for filling gaps in international law, ensuring that even in unforeseen circumstances, fundamental principles of humanity and justice are upheld. It reflects the idea that customary international law, based on state practice and the belief that such practice is legally required, is a binding source of international law.12

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law of war
Law by custom
In this case the Martens Clause, which first appeared in one of the 1899 Hague Conventions (and has been repeated in virtually every major treaty since), avoids any lacuna in the law by providing the following:
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In this case the Martens Clause, which first appeared in one of the 1899 Hague Conventions (and has been repeated in virtually every major treaty since), avoids any lacuna in the law by providing the following:
Read More