Special Agreement

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 an application from one or more parties (rules, s. 98)5. 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. The terms of this agreement are reviewed annually and, if the ITF and the company agree at each other at any time on amendments and/or additions to this agreement, these amendments and additions will be agreed in writing and signed by the parties and considered included in the special agreement. 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).

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. "2. States parties to this Statute may at any time declare that they recognize it as ipso facto mandatory and without any special agreement; With regard to any other State that accepts the same obligation, the Court`s jurisdiction has been highlighted in all disputes: the effective application of special agreements between parties to the conflict was highlighted in the judgment of the International Criminal Tribunal for the former Yugoslavia (ICTY) tadic (decision on application for judicial appeal, appeals chamber, 2 October 1995, No. 73).

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