CLAUZA MARTENS ŞI ÎNCĂLCAREA LEGILOR UMANITĂȚII LA FINALUL PRIMULUI RĂZBOI MONDIAL
MARTENS CLAUSE AND VIOLATION OF THE LAWS OF HUMANITY AT THE END OF THE FIRST WORLD WAR

Summary/Abstract: the two Hague Conventions of 1899 and 1907 respecting the Laws and Customs of War on Land an innovative provision emerged, stipulating, in its final form, that, in cases not covered by the adopted regulations, the inhabitants and belligerents remain under the protection and the rule of the principles of the laws of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of the public conscience. In this context, the paper aims at inquiring the manner in which this clause and its associated conceps were taken into consideration in the years of WWI (and especially at its end), mainly by identifying the main positions adopted by states regarding the newly appeared concept of laws of humanity in international law.

• Details
• Contents