The Martens Clause in International Criminal Law: Its Function & Inclusion

Among the many areas in which the Martens’ Clause has been raised, great attention to international criminal law is of particular importance. Because in this context, the Martens' Clause and its elements, especially the principles of humanity and public conscience, as a rational solution that stems from the most sublime aspects of human dignity,has been manifested by an extensive interpretation in criminalizing the attack to human values, combating impunity and prosecution of perpetrators of international crimes.Additional attention to the Clause and the identification of its constituent elements, in international criminal law in theory and practice, it further reveals the high position of human beings in contemporary international law. International criminal tribunal have made effective inferences by using the capacities of the Clause and its effective role in the interpretation process, clarifying the content of the rules, blowing the spirit of innovation and the element of advancement into the international criminal law,filling gaps and eliminating the ambiguity in the international provisions, that make it possible to understand the content, and its legal functions.Therefore,the authors argue that a proper application of the Clause in international criminal jurisprudence will lead to the emergence of other principles and rules in international law.