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Special Agreements Definition

19 Jean Pictet (ed.), Commentary on the Geneva Conventions of 12 August 1949, 1: Geneva Convention for the Improvement of the Condition of the Wounded and Sick in Armed Forces in the Field, ICRC, Geneva, 1952, pp. 59-60. The author refers to “bilateral agreements” that “are generally concluded only on the basis of an existing situation that neither party can deny, whatever they believe the situation on the right.” Nevertheless, the fact that agreements between a single party to the conflict and other companies are not formulated by CA3 does not mean, in our view, that they have no legal value in the international field. On the contrary, they can serve the important purpose of reaffirming and/or enabling compliance with international commitments. 20 In his commentary on GC I, Pictet states that the parties are `obliged to try to achieve a wider application of the Convention by means of a bilateral agreement` (emphasis ahead only): ibid., p. 59. This means that they must strive to reach an agreement. If this were not the case, it seems unlikely that a State would feel obliged to negotiate a special agreement with a GA, especially since these groups by definition infringe national law. 68 Jean Pictet (ed.), Comment on the Geneva Conventions of 12 August 1949, b. 3: Geneva Convention relating to the War Treaty, ICRC, Geneva, 1960, p.

44. According to Pictet in his commentary on GC I, this provision was provoked by states` fear that its application would impede their right to the legal repression of GAs. Furthermore, it should not be considered to “justify recognition by the de jure Government that the opposing party has any authority of any kind” or to “give that party] a right to any particular protection or immunity, whatever it may be and whatever title it gives itself or may claim”. See J. Pictet (ed.), supra note 19, p. 60. 52 In the Philippines, the government and the National Democratic Front of the Philippines have enshrined a whole part of a special agreement of thirteen articles, “respect for human rights”, which deals with issues such as the right to life, the prohibition of summary executions and involuntary disappearances. .

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