THE MARTENS CLAUSE
THE MARTENS CLAUSE

Author(s): Claudio PIPER
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law
Published by: Carol I National Defence University Publishing House
Keywords: Martens Clause; international humanitarian law; common law; principles of humanity; dictates of public conscience; jus cogens;
Summary/Abstract: Using a simple and straight forward language, almost unaltered over time and synergistically weaving together its elements, the Martens Clause encapsulates the essence of international humanitarian law and keeps alive the memory of humanity, while remaining a plea for the conceptual transformation mankind has known while moving from the law of war to the law of peace and humanity. The Martens Clause becomes a "living flame" of humanity, since the almost unchanged form of its provisions, successively resumed in subsequent codifications, translates into predictable applying the jus cogens norms that ensure a minimum protection of the human being, even in situations not codified as such.

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