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However, the language of the clause is not limited to that specific context, and the MartensClause has been cited in many other contexts. 106The Martens clause reflects the idea that when no specific rule applies, the principles ofthe law of war form the general guide for conduct during war. 10719.9 1907 HAGUE XOn November 27, 1909, the United States deposited its instrument of ratification to the1907 Hague Convention (X) for the Adaption to Maritime Warfare of the Principles of theGeneva Convention of October 18, 1907. 108This treaty was followed by the GWS-Sea, which replaced it in relations between Partiesto the GWS-Sea. 10919.10 1922 WASHINGTON TREATY ON SUBMARINES AND NOXIOUS GASESThe United States signed the Treaty Relating to the Use of Submarines and NoxiousGases in Warfare on February 6, 1922. 110 Article 6 of the treaty provided that the treaty shall105 See ADAM ROBERTS & RICHARD GUELFF, DOCUMENTS ON THE LAWS OF WAR 9 (3rd ed., 2000) (“The wording ofthe Martens Clause was agreed at the 1899 Hague Peace Conference for a specific reason: it was a compromisefollowing difficult and unresolved debates about whether or not the inhabitants of occupied territory had a right ofresistance.”); United States v. Krupp, et al., IX TRIALS OF WAR CRIMINALS BEFORE THE NMT 1340-41 (“It mustalso be pointed out that in the preamble to the Hague Convention No. IV, it is made abundantly clear that in casesnot included in the Regulations, the inhabitants and the belligerents remain under the protection and the rule of theprinciples of the law of nations, as they result from the usages established among civilized peoples, from the laws ofhumanity and dictates of the public conscience. As the records of the Hague Peace Conferences of 1899 whichenacted the Hague Regulations show, great emphasis was placed by the participants on the protection of invadedterritories and the preamble just cited, also known as the “Mertens Clause,” was inserted at the request of theBelgian delegate, Mertens, who was, as were others, not satisfied with the protection specifically guaranteed tobelligerently occupied territory. Hence, not only the wording (which specifically mentions the ‘inhabitants’ before itmentions the ‘belligerents’) but also the discussions which took place at the time make it clear that it refersspecifically to belligerently occupied country.”).106 See, e.g., Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, 1996 I.C.J. 226, 257 (78) (“TheCourt would likewise refer, in relation to these principles, to the Martens Clause, which was first included in theHague Convention II with Respect to the Laws and Customs of War on Land of 1899 and which has proved to be aneffective means of addressing the rapid evolution of military technology.”).107 Refer to § 2.1.2.2 (Law of War Principles as a General Guide).108 William H. Taft, Proclamation Regarding the Hague X, Feb. 28, 1910, 36 STAT. 2371, 2395 (“And whereas thesaid Convention has been duly ratified by the Government of the United States of America, by and with the adviceand consent of the Senate thereof, and by the Governments of Germany, Austria-Hungary, China, Denmark,Mexico, the Netherlands, Russia, Bolivia, and Salvador, and the ratifications of the said Governments were, underthe provisions of Article 23 of the said Convention, deposited by their respective plenipotentiaries with theNetherlands Government on November 27, 1909.”).109 Refer to § 19.16.3.1 (Relationship Between the 1907 Hague X and the GWS-Sea).110 Treaty in Relation to the Use of Submarines and Noxious Gases in Warfare, Feb. 6, 1922, reprinted in 16 AJILSUPPLEMENT: OFFICIAL DOCUMENTS 57, 60 (1922).1146