Special Agreements

7 Christopher Greenwood, “Scope of Application of Humanitarian Law,” in Dieter Fleck ( Ed.), The Handbook of Humanitarian Law in Armed Conflict, Oxford University Press, Oxford, 2008, 56. For a statement on the existence of special agreements before CA3, see Veuthey, Michel, “Learning from History: Adherence to Conventions, Special Agreements and Unilateral Declarations,” Collegium, No. 27, 2003, p. 140-143Google Scholar. 15 General Agreement signed in Addis Ababa on 8 January 1993, available at: www.usip.org/sites/default/files/file/resources/collections/peace_agreements/somalia_01081993_gen.pdf; Agreements on the implementation of the ceasefire and the modalities of disarmament (complementing the General Agreement signed in Addis Ababa on 8 January 1993), to be consulted at: www.usip.org/sites/default/files/file/resources/collections/peace_agreements/somalia_01081993_sup.pdf; Acuerdo polética entre el FMLN y la Juventud Militar para la constitucién del nuevo ejército, 1981, available at: www.cedema.org/ver.php?id=4788. Sivakumaran mentions the 2008 Act of Commitment in the Democratic Republic of Congo as an agreement between the AGs. While it is true that the AGs assume most of the obligations of the agreement and that, initially, the government is designated only as an intermediary, Article 4 sets out specific obligations to the government. It is therefore not clear to what extent the Act of Commitment can be considered exclusively between armed groups. Sandesh Sivakumaran, The Law of Non-International Armed Conflicts, Oxford University Press, Oxford, 2012, p. 133; Act of Commitment, 2008, available at: www.essex.ac.uk/armedcon/story_id/000720.pdf.

Can special agreements be considered international treaties? Article 3 of the VCLT states that there may be international agreements outside their scope. Indeed, a broad definition, as set out in the ILC draft of Article 1 of 1962, could allow for the inclusion of special agreements in this category, since it has been concluded not only by States, but also by other subjects of international law. The draft article 3 expressly recognized the capacity of some insurgent communities. 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). 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. 68 Jean Pictet (note d.d.), commentary on the Geneva Conventions of 12 August 1949, Volume 3: Geneva Convention for the Treatment of Prisoners of War, ICRC, Geneva, 1960, p. 44. According to Pictet, in GC I`s commentary, this provision was caused by state concern that its application would affect their right to legally repress GAs. Moreover, the intention is not to “create recognition by the de jure government that the negative party has all the powers” or “to grant [that party] a right to special protection or immunity, regardless of how it may give itself or assert itself.” See J.

Pictet (note. M), above, note 19, 60. 43 Afghanistan Peace Agreement (Islamabad Agreement), 7 March 1993, available at: www.incore.ulst.ac.uk/services/cds/agreements/pdf/afgan1.pdf; Peace agreement for Angola, May 1991, from www.incore.ulst.ac.uk/services/cds/agreements/pdf/ang1.pdf; Act of Commitment, note 15 above; Agreement to cease hostilities and peaceful settlement of conflicts between the Liberian armed forces and the National Patriotic Front of Liberia and the Patriotic Front of Liberia, dated 2