Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 205-219 |
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Karami F, Norouzi M, Ansarian M. The Role of Martens Clause in the Light of International Humanitarian Law in Protecting People's Health. MLJ 2025; 19 (60) :205-219
URL: http://ijmedicallaw.ir/article-1-1801-en.html
URL: http://ijmedicallaw.ir/article-1-1801-en.html
1- Department of Law, Hamedan Branch, Islamic Azad University, Hamedan, Iran.
2- Department of Law, Faculty of Humanities, Bu-Ali Sina University, Hamedan, Iran.
3- Department of Law, Faculty of Law and Social Sciences, Payam University, Tehran, Iran
2- Department of Law, Faculty of Humanities, Bu-Ali Sina University, Hamedan, Iran.
3- Department of Law, Faculty of Law and Social Sciences, Payam University, Tehran, Iran
Abstract:
The Role of Martens Clause in the Light of International Humanitarian Law in Protecting People's HealthBackground and Aim: Today, the Martens clause is applicable to all humanitarian rights and appears in various forms in most treaties related to humanitarian rights. The findings indicate that Martens' condition should be seen as a kind of reminder that customary international law; It would be applicable even after the ratification of a humanitarian rights treaty and the provision should be seen as expressing the factors that might lead states to adopt a ban on the use of a particular weapon or instrument of war. Because the Martens condition acts as a rule, which in turn prevents the use of situations in armed conflicts that deliberately violate international custom, the principles of humanity and the call of public conscience and use factors that threaten people's health, including damage to the environment, as weapons. In fact, the purpose of Martens' condition is not to end the debate, but to prevent the worst consequences that may happen to the civilian population and hostiles in particular and humanity in general, assuming freedom of action and unconditionally in the absence of treaties. The purpose of the current research, it is quite appropriate to use Martens' condition to solve the issues of uncertainty and the vacuum of protecting people's health and the environment in armed conflicts. As a result, we will see that, this condition is not only applicable to all rights and obligations in international humanitarian law, but also challenges all parties to an armed conflict to review the provisions of treaties and related customary rules, as well as considering the general legal principles, the resulting legal gaps. Eliminate the lack of certainty in treaty rights. In this regard, the inclusion of Martens' environmental condition by the International Law Commission in Article of the draft principles related to the protection of the environment in armed conflicts is an emphasis on its role and applications, which can lead to the protection of the environment, which is directly related to the health of people in armed conflicts.
Method: The article is written in a descriptive-analytical method.
Ethical Considerations: In the present study, the ethical aspects of library research, including the originality of texts, honesty and trustworthiness, have been observed.
Results: The replacement of the environmental protection clause in the draft principles on the protection of the environment in armed conflict leads to a direct connection with the health of individuals in armed conflicts and this concept is reflected in the Martens clause with the ultimate goal of protecting humanity and the environment.
Conclusion: The Martens Clause is not only applicable to all rights and obligations in international humanitarian law, but also challenges all parties to armed conflict to address legal gaps resulting from the lack of certainty in treaty law by reviewing the provisions of relevant treaties and customary rules, as well as by considering general legal principles. The inclusion of the Martens Environmental Clause by the International Law Commission in Principle 12 of the Draft Principles on the Protection of the Environment in Armed Conflict is an emphasis on its role and applications that can lead to the protection of the environment in armed conflicts.
Please cite this article as:
Karami F, Norouzi M, Ansarian M. The Role of Martens Clause in the Light of International Humanitarian Law in Protecting People's Health. Medical Law Journal. 2025; 19: e14.
Method: The article is written in a descriptive-analytical method.
Ethical Considerations: In the present study, the ethical aspects of library research, including the originality of texts, honesty and trustworthiness, have been observed.
Results: The replacement of the environmental protection clause in the draft principles on the protection of the environment in armed conflict leads to a direct connection with the health of individuals in armed conflicts and this concept is reflected in the Martens clause with the ultimate goal of protecting humanity and the environment.
Conclusion: The Martens Clause is not only applicable to all rights and obligations in international humanitarian law, but also challenges all parties to armed conflict to address legal gaps resulting from the lack of certainty in treaty law by reviewing the provisions of relevant treaties and customary rules, as well as by considering general legal principles. The inclusion of the Martens Environmental Clause by the International Law Commission in Principle 12 of the Draft Principles on the Protection of the Environment in Armed Conflict is an emphasis on its role and applications that can lead to the protection of the environment in armed conflicts.
Please cite this article as:
Karami F, Norouzi M, Ansarian M. The Role of Martens Clause in the Light of International Humanitarian Law in Protecting People's Health. Medical Law Journal. 2025; 19: e14.
Type of Study: Original Article |
Received: 2024/03/29 | Accepted: 2024/08/31
Received: 2024/03/29 | Accepted: 2024/08/31
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