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Martens (Friedrich Fromhold)

  • The Martens Clause: A New Library Special

    August 31, 2017

    The Martens clause is named after the Russian diplomat and international law professor Fyodor Fyodorovich Martens (1845-1909), the Russian delegate at the The Hague Peace Conferences in 1899. The Martens clause came into existence as a diplomatic statement made by diplomat Martens who wanted to come up with a solution for a disagreement between large occupying forces and smaller states. Martens, who was of the opinion that international law should illuminate and set normative standards, created the clause to fill a legal vacuum and help alleviate the horrors of war. The clause serves as a reminder that an act is not just yet permissible when an act of war is not expressly prohibited by international law or customary law.

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