Judge Shahabuddeen stated that the principles of international law referred to in the Clause are derived from one or more of three different sources: usages established between civilized nations (referred to as " established custom " in Article 1[2 ] of Additional Protocol I), the laws of humanity (referred to as the " principles of humanity " in Article 1[2 ] ) and the requirements of the public conscience (referred to as the " dictates of public conscience " in Article 1[2 ] ). I t appears that, when determining the full extent of the laws of armed conflict, theMartens Clause provides authority for looking beyond treaty law and custom to consider principles of humanity and the dictates of the public conscience.
This position is supported by the International Law Commission, which has stated that " [the Martens Clause ] ... provides that even in cases not covered by specific international agreements, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience. " [14 ]
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