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19.8.2.2 Relationship Between the 1907 Hague IV and the 1899 Hague II. TheHague IV, duly ratified, shall as between its Parties be substituted for the 1899 Hague II. The1899 Hague II remains in force as between its Parties that do not also ratify Hague IV. 10119.8.3 Martens Clause. The Preamble to the 1899 Hague II contains a clause known asthe Martens Clause because of its association with a delegate to the Hague Peace Conference,F.F. de Martens: 102Until a more complete code of the laws of war is issued, the High ContractingParties think it right to declare that in cases not included in the Regulationsadopted by them, populations and belligerents remain under the protection andempire of the principles of international law, as they result from the usagesestablished between civilized nations, from the laws of humanity, and therequirements of the public conscience. 103A similar formulation was included in subsequent treaties, such as the Hague IV, the 1949Geneva Conventions, and the CCW. 104The Martens Clause was a compromise following difficult and unresolved debates at the1899 Hague Peace Conference about the status of resistance fighters in occupied territory. 105100 Refer to § 11.2.2 (Standard for Determining When Territory Is Considered Occupied).101 HAGUE IV art. 4 (“The present Convention, duly ratified, shall as between the Contracting Powers, be substitutedfor the Convention of the 29th July, 1899, respecting the Laws and Customs of War on Land. The Convention of1899 remains in force as between the Powers which signed it, and which do not also ratify the presentConvention.”).102 Theodor Meron, The Martens Clause, Principles of Humanity, and Dictates of Public Conscience, 94 AJIL 78,79 (2000) (“Proposed by the Russian delegate to the Hague Peace Conference, the eminent jurist F.F. de Martens,the clause has ancient antecedents rooted in natural law and chivalry.”).103 1899 HAGUE II preamble (“Until a more complete code of the laws of war is issued, the High Contracting Partiesthink it right to declare that in cases not included in the Regulations adopted by them, populations and belligerentsremain under the protection and empire of the principles of international law, as they result from the usagesestablished between civilized nations, from the laws of humanity, and the requirements of the public conscience”).104 See, e.g., HAGUE IV preamble (“Until a more complete code of the laws of war has been issued, the HighContracting Parties deem it expedient to declare that in cases not included in the Regulations adopted by them, theinhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, asthey result from the usages established among civilized peoples, from the laws of humanity, and the dictates of thepublic conscience.”); GWS art. 63 (providing that denunciation of the Convention “shall in no way impair theobligations which Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations,as they result from the usages established among civilized peoples, from the laws of humanity and the dictates ofpublic conscience.”); GWS-SEA art. 62 (same); GPW art. 142 (same); GC art. 158 (same); CCW preamble (“incases not covered by this Convention and its annexed Protocols or by other international agreements, the civilianpopulation and the combatants shall at all times remain under the protection and authority of the principles ofinternational law derived from established custom, from the principles of humanity and from the dictates of publicconscience,”). Consider AP I art. 1(2) (“In cases not covered by this Protocol or by other international agreements,civilians and combatants remain under the protection and authority of the principles of international law derivedfrom established custom, from the principles of humanity and from the dictates of public conscience.”); AP IIpreamble (“Recalling that, in cases not covered by the law in force, the human person remains under the protectionof the principles of humanity and the dictates of the public conscience,”).1145