20. Finally, the Salvadoran State contends that, because of the reservations made by the State regarding its acceptance of the contentious jurisdiction of the Inter-American Court and regarding what was established by the Court in its judgment about preliminary objections in the case of the Serrano Cruz sisters, the case of the disappearance of José Adrián Rochac Hernández could not come under the jurisdiction of said court. IV. ANALYSIS OF ADMISSIBILITY A. Jurisdiction ratione loci, ratione personae, materiae of the Inter-American Commission ratione temporis andratione 21. Under the terms of Article 44 of the American Convention, the petitioners are in their lawful right to address a petition to the Commission. The petition that is being examined indicates that the alleged victim was subject to the jurisdiction of the Salvadoran State at the time of the alleged incidents. Regarding the State, the Commission notes that El Salvador is a State Party to the American Convention, having duly deposited its instrument of ratification on June 23, 1978. As a consequence, the Commission has jurisdiction ratione personae to hear the complaints that were filed. 22. Furthermore, the Commission has jurisdiction ratione materiae because the petitioners claim violations of rights protected in the framework of the American Convention. The State argues that International Humanitarian Law was the applicable law during the domestic armed conflict. Regarding this, the Commission contends that it is not precluded from ruling on the reported incidents merely because some of them might have occurred in the context of an armed conflict. Article 27 of the Convention entitles the State to derogate certain obligations in the context of armed conflicts but in no way does it suspend the force of the Convention in its entirety nor does it abridge the present Commission’s powers. The foregoing notwithstanding, in the merits stage of the case, the IACHR must examine the State’s obligations stemming from the Convention, in the light of the provisions of International Humanitarian Law, which shall serve to interpret the case partially as lex specialis. 23.The Commission has jurisdiction ratione temporis to examine the complaints. The petition is based on allegations about incidents taking place as of August 25, 1982, which is the date when José Adrián Rochac Hernández disappeared. The alleged incidents therefore took place after the entry into force of the obligations of the State as Party to the American Convention. In addition, as the petition alleges violations of rights protected in the framework of the American Convention in incidents taking place in the territory of a State Party, the Commission concludes that it has jurisdiction ratione loci to hear the petition. B. 1. Requirements for the petition’s admissibility of domestic remedies 24.The State alleges that the present case is inadmissible because domestic remedies in El Salvador have not been exhausted. It notes that, in this regard, there are criminal proceedings in the investigative stage, and therefore the resolution of domestic remedies is still pending. Likewise, it points out that available remedies were not exhausted on a timely basis, such as the writ of habeas corpus, complaint filed with the International Committee of the Red Cross and the Government Commission on Human Rights. In this regard, the State points out that a motion for the issuance of a writ of habeas corpus was filed in 2002, although this motion could have been filed at any earlier time, and that this motion was dismissed for lack of presentation of evidence by the complainants. 25.As for the petitioners, they claim that the domestic remedies are ineffectual, although despite this they have attempted all possible means, including a motion for the issuance of a writ of habeas corpus to determine the whereabouts of José Adrián Rochac Hernández. The petitioners emphasize that more than 25 years have elapsed since the disappearance of José Adrián Rochac Hernández and that Salvadoran authorities have done nothing to guarantee the 5