This reflects the overarching goal of IHL which is to establish minimum, non-derogable standards of restraint which apply in all situations of armed conflict. The Martens Clause states that even in situations not covered expressly by codified IHL instruments, both combatants and civilians have a minimum level of protection, namely that all hostilities should be regulated by the principles of the law of nations as they result from the usages of international law, from the laws of humanity, and from the dictates of public conscience. This was introduced for the first time in the Preamble to the 1899 Hague Convention II and has since acquired customary international law status.
Core principles of international humanitarian lawĪn oft-cited source of IHL when identifying its underpinning principles is the 'Martens Clause'.
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