The MARTENS CLAUSE in international humanitarian law (first introduced 1899 Hague Convention) provides that in cases not covered by specific treaty rules:
Answer & Solution
Correct answer: B.
1. The MARTENS CLAUSE, named after Fyodor Martens, was first included in the 1899 Hague Convention II preamble.
2. It provides that in cases not covered by specific treaty rules, civilians and combatants remain under the protection of: (i) principles of international law derived from established custom; (ii) principles of humanity; (iii) dictates of public conscience.
3. Re-enacted in 1907 Hague Convention IV, Geneva Conventions 1949, Additional Protocol I 1977 (Article 1(2)).
4. The Clause ensures gaps in IHL are filled by humanitarian principles.
5. Hence option B is correct.
_Source: International HR Treaties + Indian Constitutional Jurisprudence — Martens Clause; Hague Convention 1899/1907 preamble; AP I 1977 Article 1(2)_
Related questions
The RIGHT TO FOOD under ICESCR Article 11 was elaborated in CESCR General Comment No. 12 (Article 13 ICESCR recognises the right to EDUCATION. Primary education shall be:Section 11A NHRC complaints are admitted on grounds of:The KAMPALA AMENDMENTS to the Rome Statute (2010) activated the CRIME OF AGGRESSION jurisdThe DOCTRINE OF EXTRA-TERRITORIAL APPLICATION of HUMAN RIGHTS treaties (per the ICJ Wall AThe PRINCIPLE OF PROGRESSIVE REALIZATION in ICESCR (Article 2(1)) is balanced by the doctrIn NUREMBERG TRIALS 1945-46, the International Military Tribunal articulated the principleArticle 41 ICCPR provides for INTER-STATE COMPLAINTS — a State Party may complain to the H