Special Agreement Of

A special agreement provides the possibility of applying, in whole or in part, the Geneva Conventions to a given conflict situation. It is an agreement signed ad hoc by the parties to the conflict. Its aim is to make the provisions of the Geneva Conventions applicable in cases where one or more parties to the conflict may not have ratified the Geneva Conventions or where, for other reasons, these provisions may not be automatically applicable. The only provision of the Geneva Conventions, which covers non-international armed conflicts – Joint Article 3 – encourages the parties to enter into specific agreements that would enable them to implement a wider range of protection measures and thus improve the situation of those affected by the conflict. By means of special agreements, parties to the conflict in non-international armed conflicts can therefore enter into force, in whole or in part, the Geneva Conventions. Special agreements can be reached between states and rival armed groups or armed groups. In addition, there is no restriction on the form in which specific agreements can be concluded. In the case of the Corfu Canal (United Kingdom/Albania), the parties reached a special agreement after the ruling on the provisional objection was issued. The case of the arbitral award of the King of Spain of 23 December 1906 (Honduras/Nicaragua) was filed with a petition, but the parties had previously reached an agreement on the procedure to be followed when the Court was tried.

A specific agreement must never weaken the protection provided by the Geneva Conventions. Humanitarian organizations can apply this system to the development of contracts that govern their activities in a given country and which are concluded with the competent authorities of that state. Article 36, paragraph 1, of the Statute also provides that the jurisdiction of the Court of Justice covers all matters specifically provided for by the existing treaties and conventions. These questions are generally brought before the Court of Justice by a written motion to open the proceedings3; It is a unilateral document that must specify the purpose of the dispute and the parties (status, Article 40, paragraph 1) and, where possible, indicate the provision that the applicant renders the jurisdiction of the Court (rules, s. 38). Section 60 of the statute provides that in the event of a dispute over the meaning or scope of a judgment, the Court will stop it at the request of a party. The motion for interpretation can be made either by a particular agreement between the parties or by a request from one or more parties (rules, art.