Martens Clause
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Martens Clause
The Martens Clause ( pronounced ) was introduced into the preamble to the 1899 Hague Convention II – Laws and Customs of War on Land. __NOTOC__ The clause took its name from a declaration read by Friedrich Martens, the delegate of Russia at the Hague Peace Conferences of 1899. It reads as follows: The Clause appears in a slightly modified form in the 1907 Hague conventions: The Clause was introduced as a compromise wording for the dispute between the Great Powers who considered francs-tireurs to be unlawful combatants subject to execution on capture and smaller states who maintained that they should be considered lawful combatants. The clause did not appear in the Geneva Conventions of 1949, but was it included in the additional protocols of 1977. It is in article 1 paragraph 2 of Protocol I (which covers international conflicts), and the fourth paragraph of the preamble to Protocol II (which covers non-international conflicts). The wording in both is identical but sli ...
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Friedrich Fromhold Martens (1845-1909)
Friedrich Fromhold Martens, or Friedrich Fromhold von Martens,, french: Frédéric Frommhold (de) Martens ( – ) was a diplomat and jurist in service of the Russian Empire who made important contributions to the science of international law. He represented Russia at the Hague Peace Conferences (during which he drafted the Martens Clause) and helped to settle the first cases of international arbitration, notably the dispute between France and the United Kingdom over Newfoundland. As a scholar, he is probably best remembered today for having edited 15 volumes of Russian international treaties (1874–1909). Biography Born to ethnic Estonian parents at Pärnu in the Governorate of Livonia of Russian Empire, Martens was later raised and educated as a German-speaker. He lost both parents at the age of nine and was sent to a Lutheran orphanage in St. Petersburg, where he successfully completed the full course of studies at a German high school and in 1863 entered the law ...
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International Court Of Justice Advisory Opinion On The Legality Of The Threat Or Use Of Nuclear Weapons
''Legality of the Threat or Use of Nuclear Weapons'ICJ 3] is a landmark international law case, where the International Court of Justice gave an advisory opinion stating that while the threat or use of nuclear weapons would generally be contrary to international humanitarian law, it cannot be concluded whether or not such a threat or use of nuclear weapons would be lawful in extreme circumstances where the very survival of a state would be at stake. The Court held that there is no source of international law that explicitly authorises or prohibits the threat or use of nuclear weapons but such threat or use must be in conformity with the UN Charter and principles of international humanitarian law. The Court also concluded that there was a general obligation to pursue nuclear disarmament. The World Health Organization requested the opinion on 3 September 1993, but it was initially refused because the WHO was acting outside its legal capacity (''ultra vires''). So the United Nations ...
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International Humanitarian Law Treaties
International is an adjective (also used as a noun) meaning "between nations". International may also refer to: Music Albums * ''International'' (Kevin Michael album), 2011 * ''International'' (New Order album), 2002 * ''International'' (The Three Degrees album), 1975 *''International'', 2018 album by L'Algérino Songs * The Internationale, the left-wing anthem * "International" (Chase & Status song), 2014 * "International", by Adventures in Stereo from ''Monomania'', 2000 * "International", by Brass Construction from ''Renegades'', 1984 * "International", by Thomas Leer from ''The Scale of Ten'', 1985 * "International", by Kevin Michael from ''International'' (Kevin Michael album), 2011 * "International", by McGuinness Flint from ''McGuinness Flint'', 1970 * "International", by Orchestral Manoeuvres in the Dark from '' Dazzle Ships'', 1983 * "International (Serious)", by Estelle from '' All of Me'', 2012 Politics * Political international, any transnational organization of ...
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Hague Conventions Of 1899 And 1907
The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were among the first formal statements of the laws of war and war crimes in the body of secular international law. A third conference was planned for 1914 and later rescheduled for 1915, but it did not take place because of the start of World War I. History The Hague Conventions of 1899 and 1907 were the first multilateral treaties that addressed the conduct of warfare and were largely based on the Lieber Code, which was signed and issued by US President Abraham Lincoln to the Union Forces of the United States on 24 April 1863, during the American Civil War. The Lieber Code was the first official comprehensive codified law that set out regulations for behavior in times of martial law; protection of civilians and civilian property and punishment of ...
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German Federal Constitutional Court
The Federal Constitutional Court (german: link=no, Bundesverfassungsgericht ; abbreviated: ) is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law () of Germany. Since its inception with the beginning of the post-World War II republic, the court has been located in the city of Karlsruhe, which is also the seat of the Federal Court of Justice. The main task of the Federal Constitutional Court is judicial review, and it may declare legislation unconstitutional, thus rendering them ineffective. In this respect, it is similar to other supreme courts with judicial review powers, yet the court possesses a number of additional powers and is regarded as among the most interventionist and powerful national courts in the world. Unlike other supreme courts, the constitutional court is not an integral stage of the judicial or appeals process (aside from cases concerning constitutional or public international law), and does ...
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List Of Constitutional Courts
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms, among other things. In 1919 the First Austrian Republic established the first dedicated constitutional court, the Constitutional Court of Austria, which however existed in name only until 10 October 1920, when the country's new constitution came into effect, upon which the court gained the power to review the laws of Austria's federal states. The 1920 Constitution of Czechoslovakia, which came into effect on 2 February 1920, was the first to provide for a dedicated court for judicial review of parliamentary laws, but the court did not convene until November 1921. The organization and competences of both courts were influenced by constitutional theories of Hans Kelsen. Subsequently, this idea of having a sepa ...
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Milan Martić
Milan Martić ( sr-cyr, Милан Мартић; born 18 November 1954) is a Croatian Serb politician and war criminal who served as the president of the unrecognized Republic of Serbian Krajina between 1994 and 1995, during the Croatian War of Independence. Martić was convicted of war crimes by the International Criminal Tribunal for the former Yugoslavia (ICTY) on 12 June 2007 and sentenced to 35 years in prison. Biography Martić was born on 18 November 1954 in the village of Žagrović, in the Knin municipality. He graduated from the Post-Secondary Police School in Zagreb and between 1976-81 worked as a policeman at the Public Security Station (SJB) in Šibenik. From 1982 onwards, Martić was a Junior Police Inspector in Knin and was eventually promoted to Chief of the SJB.Prosecutor v. Milan Martić Judgement
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International Criminal Tribunal For The Former Yugoslavia
The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal was an ''ad hoc'' court located in The Hague, Netherlands. It was established by Resolution 827 of the United Nations Security Council, which was passed on 25 May 1993. It had jurisdiction over four clusters of crimes committed on the territory of the former Yugoslavia since 1991: grave breaches of the Geneva Conventions, violations of the laws or customs of war, genocide, and crimes against humanity. The maximum sentence that it could impose was life imprisonment. Various countries signed agreements with the UN to carry out custodial sentences. A total of 161 persons were indicted; the final indictments were issued in December 2004, the last of which were confirmed and unsealed in the spring of 2005. The final fugitive, Goran Hadžić, ...
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European Journal Of International Law
The ''European Journal of International Law'' is a quarterly law journal covering international law in a combination of theoretical and practical approaches. It also provides coverage of the relationship between international law and European Union law. The journal was established in 1990 by a group of scholars based at the European University Institute, universities in Florence and Munich, Panthéon-Assas University, and the Michigan Law School. The journal has close links with the European Society of International Law (ESIL). Members of the ESIL get online subscription to the Journal. Originally bilingual in English and French, it now publishes in English only. New content is reserved to subscribers, but becomes available open access after 12 months. The full text of one lead article and all review essays and book reviews of the current year are also accessible for free online. The journal is published by Oxford University Press and the editors-in-chief are Sarah M. H. Nouwen ...
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Hanns Rauter
Johann Baptist Albin Rauter (4 February 1895 – 24 March 1949) was a high-ranking Austrian-born SS functionary and war criminal during the Nazi era. He was the highest SS and Police Leader in the occupied Netherlands and therefore the leading security and police officer there during the period of 1940–1945. Rauter reported directly to the Nazi SS chief, Heinrich Himmler, and also to the Nazi governor of the Netherlands, Arthur Seyss-Inquart. After World War II, he was convicted in the Netherlands of crimes against humanity and executed by firing squad. Early life and career Born in Klagenfurt, Rauter graduated from High school in 1912 and started training as an Engineer at the Graz University of Technology. At the outbreak of World War I Rauter volunteered for service in the Austro-Hungarian Army. He served with a ''Gebirgsschützenregiment'' and was discharged in 1919, having reached the rank of Oberleutnant. Rauter took part in the Austro-Slovene conflict in Carinthia, and ...
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United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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