These are commitments made by parties to a conflict in order to supplement their IHL obligations and provide increased protection than would ordinarily be the case without such agreement.
The only provision of the Geneva Conventions that covers non-international armed conflicts- Common Article 3 - encourages parties to conclude special agreements which would allow them to bring into force a wider array of protective arrangements, thereby improving the situation of those affected by the conflict. Through special agreements therefore, conflict parties in non-international armed conflicts may bring into force all or part of the Geneva Conventions.
Special agreements may be concluded between states and armed groups or between rival armed groups. Furthermore, there is no limitation on the form in which special agreements may be concluded.
See Non-international armed conflicts; Armed groups;
Agreements that the parties to a conflict may conclude among themselves to improve or supplement the rules of International Humanitarian Law.
OUTLINE
LEGAL SOURCE
CASES
Sudan, Report of the UN Commission of Enquiry on Darfur (Para. 168)
Sri Lanka, Jaffna Hospital Zone
Armed Conflicts in the former Yugoslavia (4)
Former Yugoslavia, Special Agreements Between the Parties to the Conflicts
ICTY, The Prosecutor v. Tadic (Part A., Para. 73)
ICTY, The Prosecutor v. Galic (Part A., Para. 22)
ICTY, The Prosecutor v. Mrksic and Sljivancanin (Part B., Para. 69)
Armed Conflicts in the Great Lakes Region (Part III.B.)
Germany, Government Reply on the Kurdistan Conflict