The role of special agreements in the implementation of international humanitarian law in non-international armed conflicts

Abstract

Abstract: This research examines special agreements through a foundational and applied approach, considering them an effective, flexible, and realistic mechanism for transforming the rules of international humanitarian law into operational, enforceable, and measurable obligations. These agreements do not diminish the minimum protection enshrined in Common Article 3. They contribute to translating general rules into practical measures that enhance the protection of victims of non-international armed conflicts and provide a suitable environment for voluntary compliance with international humanitarian law, particularly by non-state armed actors. There is no consensus on their legal nature or the legal system to which they are subject, as legal doctrines and judicial approaches vary. While there is general compromise that they should not be classified as international treaties, some argue for their subjection to international law or establish a especial legal system for them, based on the important role they play in implementing the rules of international humanitarian law, especially in non-international armed conflicts, as they represent a tool for expanding the scope of protection for victims of this type of conflict. The greatest challenge facing special agreements remains the reluctance of states to engage in them, fearing that this might be interpreted as legitimizing insurgency or equating non-state armed actors with states.