МАРТЕНСОВА КЛАУЗУЛА У ЈУРИСПРУДЕНЦИЈИ МЕЂУНАРОДНОГ СУДА ПРАВДЕ
THE MARTENS CLAUSE IN THE JURISPRUDENCE OF THE INTERNATIONAL COURT OF JUSTICE

Summary/Abstract: The Martens clause is undoubtedly one of the most basic concepts of international humanitarian law (IHL). As in the time it was created\ it ope-rates so as to provide protection for the civilians and combats in the situa-tions not covered by the treaty law on the basis of "the principles of the law of nations; as they result from the usages established among civilized peoples; from the laws of humanity; and the dictates of public conscience For the more than hundred years of its existence it is incorporated in the most basic treaties of IHL Despite that; their legal nature; domaine of ope-ration; meaning and content are disputed issues. The author seeks the ans-wers on them interrogating jurisprudence of the International Court of Justice; first of all the advisory opinion Legality of the Threat or Use of Nuclear Weapons.

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