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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. 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) in the Tadic case (decision on the application for an appeal, Appel appeals chamber, 2 October 1995, No. 73). In that case, the Tribunal found that in 1991 the parties to the war signed agreements to apply international humanitarian law to international armed conflicts, and then from international humanitarian law to non-international armed conflicts, when the Federal Republic of Yugoslavia was no longer officially a party to the conflict. Through the Special Agreements Mechanism, it is possible to apply the most protected provisions of the Geneva Conventions or their additional protocols in all situations of armed conflict in a manner binding on all parties to the conflict. Article 36, paragraph 1 of the statute provides that the jurisdiction of the Court of Justice covers all cases to which the parties relate. Such cases are normally addressed to the Registry by notification of a so-called special agreement, which is concluded by the parties specifically for that purpose2. The subject of the dispute and the parties must be indicated (statutes, Article 40, paragraph 1; Rules, art. 3). 3 With the exception of the 17 cases in footnote 2, which were invoked by the meaning of a particular agreement, all the cases in issue were brought before the Court by an application to open proceedings, whether the jurisdiction of the Court of Justice was based on a provision of a treaty or convention, statements in which the jurisdiction of the Court was recognized as obligatory by each of the litigants or on any other alleged form of consent.

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.