Chapter 9. Final Clauses, Including the Martens Clause

In light of state practice with regard to the drafting of international treaties, one may observe that most, if not all, long treaties comprise what is traditionally called ‘final provisions’. As a quick glance at the 1949 Geneva Conventions shows, the latter make no exception in this respect, for they contain a list of final provisions too. The latter, as their very label clearly denotes, appear at the very end of the text of the treaty, thus after its normative content. These clauses, which quite naturally vary from one treaty to another, may generally refer to the duration of the treaty, the means by which it is adopted, the means by which states are allowed to express their consent to be bound by it, the conditions under which a state can – perhaps – denunciate it, the terms of its entry into force, the regime (if any) of reservations (and objections) to it, the official languages, the designation of the depository (if any), its recording – henceforth – with the UN secretariat, and so on. Albeit they are different in nature, scope and aim, they are generally reunited under a single heading (i.e.: ‘Final provisions’), even though there is no mandatory rule to this effect. The present chapter contains a detailed analysis of the peculiarities of the final provisions contained in the 1949 Geneva Conventions, including the so-called Martens Clause, a singular provision that recalls that parties to armed conflicts shall remain bound by obligations owed to the international community "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 of the public conscience".