Handbook on Peace Agreement Draft Language

The Preamble and Principles

Chapter [1]: Preamble and Principles

Introductory Notes

About Preamble and Principles in a Peace Agreement

Introductory Notes: The purpose of the Preamble and Principles Chapter of a peace agreement is to set the overarching framework and foundational values that guide the entire agreement, articulating the shared aspirations, commitments, and principles of the parties involved, while establishing a common understanding and vision for peace, reconciliation, and future governance. In this Chapter, it is recommended that the parties acknowledge the need for a negotiated resolution to the conflict and identify common goals that will drive their efforts throughout the process. Having a clearly formulated purpose will help the parties focus on shared interests and overcome their differences. In this Chapter, parties may also refer to existing agreements or peace efforts which are relevant to the peace agreement or may be used with treaty interpretation.

Why Include This Chapter

The inclusion of a Preamble and Principles Chapter in a peace agreement may serve to:

  • Identify the parties involved in the conflict, peace process and peace agreement;
  • Provide some context to understand the expectations and interests of the parties throughout the process and ensure that the draft language suggested in the peace agreement aligns with the guiding principles;
  • In case of conflicts of interpretation, the preamble section will help interpret the treaty conditions, in particular it will help read the treaty in light of the intention of the parties and the object and purpose of the agreement;
  • Indicate existing, applicable and relevant agreements or processes, which may help interpret the peace agreement or fill potential gaps;
  • Agreeing upon key principles will help align the parties’ vision and expectations, promoting a common understanding of what they aim to achieve with the peace agreement;
  • Including a straightforward commitment to peace will help parties focus on the final goal and prioritize this over mid term objectives, facilitating conflict resolution during negotiations;

Core Issues Addressed

Most peace agreements address the following core issues in the Preamble and Principles Chapter:

  • Parties: This Section identifies the negotiating parties.
  • Object and Purpose of the Agreement: This section defines the objectives and the extent of the agreement’s application.
  • Fundamental Principles: This section establishes the key values and principles that guide the entire peace process.
Draft Language:

Parties

Note to Drafters: The first sentence of the peace agreement typically identifies the parties that are negotiating peace and that will be bound by the terms of the agreement.

Option 1: Generic clause
The Government of the [party A] and [party B] (hereinafter the “Parties”): [list of commitments and principles].
Option 2: More detailed
Parties to the [name] conflict, namely, the [party A] and the [party B] met in [location] from [time] under the good offices of [negotiator facilitating the process].
Draft Language:

Object and Purpose

Note to Drafters: Following the signing of the agreement, there may be disagreements between the parties about the correct interpretation of the terms of the peace agreement. In international law, conflicts of interpretation are addressed through the customary law rules on interpretation also laid out in the Vienna Convention on the Law of Treaties (1969). One of the most important elements for the correct interpretation of treaties is the object and purpose of the treaty. By providing a clear object and purpose in the peace agreement, parties will ensure that the treaty provisions are interpreted in light of such intention.

Option 1: Comprehensive clause
This agreement aims to end the prolonged conflict, address its root causes, and lay the groundwork for a stable and prosperous future. The Parties acknowledge the scope of this agreement encompasses all aspects necessary for achieving reconciliation, rebuilding trust, and establishing a foundation for sustainable peace and development.
Option 2: Addresses peace, stability, and economic development
The Parties are determined to prevent a renewal of hostilities that may harm the peace process, to actively promote lasting peace, stability, and integrated economic development throughout the region, and to resume normal bilateral relations between the Parties.
Option 3: Refers to relevant laws
The Parties are committed to promoting full respect for human rights and for international humanitarian law.
Option 4: Recognize the necessity of a settlement to bring peace
The Parties desire to contribute towards a comprehensive settlement to bring an end to the tragic conflict in [state / region] and promote an enduring peace and stability.
Option 5: Sets out the conditions for continued negotiations
Parties to the dispute agree to support efforts aimed at creating a conducive atmosphere towards arriving at a more amicable settlement which leads to a conducive atmosphere for continued negotiations.
Draft Language:

Fundamental Principles

Note to Drafters: Outlining the principles that drive the parties in peace negotiation efforts will ensure that parties are driven by shared values and principles throughout the process. It ensures that the parties refer to those principles in their decision making process. Identifying specific principles also helps with the prioritization of components of the peace agreement, for instance, transitional justice process activities and mechanisms.

Option 1: Comprehensive list of principles
In pursuit of these objectives, the Parties affirm the commitment to the following fundamental principles:

Respect for Human Rights: We pledge to uphold the inherent dignity and rights of every individual, ensuring protection against discrimination, violence, and injustice.

Rule of Law: The Parties commit to establishing a legal framework that guarantees justice, accountability, and transparency in governance and public affairs.

Inclusivity and Equality: The Parties recognize the importance of inclusive participation in decision making processes and the equitable distribution of resources and opportunities across all communities, particular in regards to gender, race, ethnicity, and other dimensions of identity.

Democratic Governance: The Parties are dedicated to fostering a democratic system that reflects the diverse interests of the people of [state / region] and promotes active civic engagement.
Option 2: Refers to other documents where principles are set out
The Parties shall conduct their relations in accordance with the principles set forth in the United Nations Charter, as well as [applicable agreements or documents]. In particular, the Parties shall fully respect the sovereign equality of one another, shall settle disputes by peaceful means, and shall refrain from any action, by threat or use of force or otherwise, against the territorial integrity or political independence of other states.
Option 3: Refers to international law principles
The Parties recognize the principles of international laws and customs regulating peaceful co existence and good neighbourly relations among countries and peoples.
Option 4: Focuses on the respect for sovereignty
The Parties acknowledge the principle of sovereignty and are committed to respecting the political choices of both countries and peoples.
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