Challenges to Identifying Binding Martens Clause Rules from the ‘Dictates of the Public Conscience’ to Protect the Environment in Non-International Armed Conflict

This article begins to move the debate on the Martens Clause forward by examining issues regarding the identification and verification of Martens Clause rules based on the dictates of the public conscience which protect the environment in non-international armed conflict. The research in this article is a starting point for a new wave of Martens Clause scholarship to enhance the clarity, certainty, breadth and relevance of the laws of non-international armed conflict going forward. As such, this research lays the necessary foundation for future debates to take place on the precise nature and content of specific Martens Clause norms that protect the environment in non-international armed conflict.