“Principles of Humanity”: The Significance of the Martens Clause for the Protection of Human Dignity in Modern Warfare

Abstract

This paper aims to test the capability of international humanitarian law (IHL) to adapt to the ever-changing features of contemporary warfare and ensure an effective protection of civilians in armed conflict, with a special focus on the so-called Martens clause. It argues that the Martens clause can serve as an interpretative lens of current IHL norms and principles regulating means and methods of warfare, fostering the protection of human dignity vis-à-vis the increasingly important role played by AI in military decision-making.