Peace Agreement Draft Language Guide

Definitions and Terminology

About Definitions and Terminology in a Peace Agreement

INTRODUCTORY NOTE: Definitions are often set out in a peace agreement to provide clear and unambiguous interpretations of key terms, concepts, and language used throughout the agreement.  By establishing agreed-upon definitions, parties can ensure that everyone interprets the terms consistently, thereby minimizing potential misunderstandings or ambiguities during the implementation phase of the agreement.

When drafting definitions, parties should consider whether to: 1) establish a standalone definitions section or integrate definitions within relevant chapters; 2) adopt commonly understood definitions or create context-specific ones; and 3) define all important terms or only those that could cause confusion

The goal of definitions and terminology is to create a common understanding of the terms of the peace agreement.  Definitions may serve several key functions:

  • Clarifying key terms:  Definitions provide clear interpretations of essential terms and concepts, reducing ambiguity and fostering a shared understanding among all parties.

  • Preventing disputes:  By defining terms up front, definitions help prevent disagreements over interpretation, which supports smoother negotiations and reduces potential conflict.

  • Building trust:  Agreeing on definitions demonstrates a commitment to transparency, which can build trust among parties and lay the groundwork for cooperative dialogue.

  • Bridging cultural and linguistic gaps:  Definitions help address linguistic and cultural differences, ensuring that terms resonate accurately with all groups involved in the agreement.

The inclusion of a Definitions and Terminology Chapter in a peace agreement may serve to:

  • Establish a foundation for uniformly applying the agreement’s terms, which is essential for a stable and lasting peace;

  • Create a shared reference, speeding up negotiations and minimizing the need to revisit or clarify terms;

  • Enable the mediators, monitors, and the international community to interpret the agreement consistently, supporting external verification and assistance;

  • Underscores the parties' commitment to a transparent, well-structured, and sustainable peace process, bolstering the agreement’s legitimacy.

    The chosen language can have significant implications for the agreement's interpretation and implementation, therefore, it is important to be precise with the definitions agreed.

Draft Language for a Chapter on Definitions and Terminology in a Peace Agreement

Note to Drafters:

The choice of terms defined is generally based on the subject-matter and focus of the peace agreement and parties limit the terms to define those that are mentioned in the agreement.  Parties also usually tailor each definition to the envisioned purpose of the term, meaning that they do not have to always adopt the commonly understood definitions. 

Draft Language: Definitions and Terminology

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

  • Accountability:  The process of holding individuals or institutions responsible for their actions, particularly in relation to human rights violations or abuses of power.

  • Access to Justice:  The ability of all people to seek and obtain a remedy through formal or informal institutions of justice.

  • Agreement:  This comprehensive peace accord in its entirety, including all annexes, appendices, and supplementary documents.

  • Amnesty:  A legal provision in [state] granting immunity from prosecution or pardon for specified political and other non-atrocity offenses related to the conflict, aimed at facilitating reconciliation and encouraging participation in the peace process.

  • Armed Conflict:  A situation where there is resort to armed force between states or protracted armed violence between governmental authorities and organized armed groups or between such groups within a state.

  • Armed Forces of [state]:  The official military forces of the government of [State], including but not limited to the army, navy, air force, and other officially recognized defense entities.

  • Armed Group:  Any organized collective within [state] with a defined command structure and the capacity to employ armed force in pursuit of political, ideological, or military objectives, not part of the official state armed forces of [state].

  • Assembly Point:  A designated location within [state] where combatants gather for the purpose of demobilization and disarmament.

  • Atrocity Crimes:  Serious international crimes including genocide, crimes against humanity, and war crimes.

  • Ceasefire:  A negotiated suspension of armed hostilities between all belligerent Parties to the Conflict in [state], effective from [specific date and time].

  • Cessation of Hostilities:  The termination of all offensive military operations and activities by the Parties within [state].

  • Civil Society: Non-governmental organizations, community groups, religious institutions, and other organized groups operating independently from government to represent community interests.

  • Civilian:  Any person in [state] who is not a member of the Armed Forces or an Armed Group and does not directly participate in hostilities.

  • Combatant:  A person who is an active member of the Armed Forces of [state] or an Armed Group within [state] and who is directly participating in hostilities.

  • Community Dialogue:  A structured process of inclusive public discussion and consultation designed to facilitate understanding, reconciliation, and collective decision-making at the local level.

  • Compensation:  Financial awards for economically assessable damage resulting from human rights violations, including physical or mental harm, lost opportunities, material damages, and moral injury.

  • Conflict:  The armed confrontation between [specify parties] that has occurred in [state] from [start date] to the present.

  • Constitutional Reform:  The process of amending or rewriting the constitution of [state] to reflect new political realities or address underlying causes of conflict.

  • Crimes Against Humanity:  Widespread or systematic attacks directed against any civilian population in [state], with knowledge of the attack, as defined in Article 7 of the Rome Statute of the International Criminal Court.

  • Demilitarized Zone:  An area within [state] where no military forces, weapons, or installations are permitted, often established to reduce the risk of conflict between opposing forces.

  • Demobilization:  The formal and controlled discharge of active combatants from the Armed Forces of [state] or Armed Groups within [state], often as part of a broader disarmament, demobilization, and reintegration (DDR) process.

  • Digital Governance:  Frameworks, policies, and practices that guide the use of digital technologies in governance and public administration, particularly in post-conflict settings.

  • Disarmament:  The collection, documentation, control, and disposal of small arms, ammunition, explosives, and light and heavy weapons from combatants and often from the civilian population within [state].

  • Environmental Protection:  Measures taken to safeguard natural resources, ecosystems, and environmental sustainability during reconstruction and development activities.

  • Genocide:  Acts committed in [state] with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as defined in Article II of the Convention on the Prevention and Punishment of the Crime of Genocide.

  • Guarantees of non-repetition:  Measures aimed at ensuring that human rights violations do not recur, including institutional reforms, strengthening the independence of the judiciary, protecting human rights defenders, and promoting human rights education.

  • Human Rights:  Fundamental rights and freedoms inherent to all people in [state], irrespective of nationality, place of residence, gender, ethnic origin, color, religion, language, or any other status, as codified in international law and [state]'s constitution.

  • Implementation Timeline:  The schedule of actions and milestones for fulfilling the commitments outlined in this Agreement, as detailed in Annex [X], specifying deadlines for key steps in the peace process in [state].

  • Internally Displaced Person (IDP):  An individual forced to flee their home or place of habitual residence within [state] due to armed conflict, generalized violence, human rights violations, or natural or human-made disasters, but who remains within the borders of [state].

  • Judicial Independence:  The concept that the judiciary should be free from influence or control by other branches of government or external forces.

  • Lustration:  The process of evaluating public officials and candidates for public office to assess their suitability for service in a democratic system.  This may include excluding individuals associated with human rights abuses or corruption under the previous regime from holding certain positions.

  • Legal Reform:  The process of reviewing and transforming a state's laws, legal institutions, and procedures to ensure consistency with human rights standards and good governance principles. A key component of rebuilding public trust and establishing rule of law in post-conflict settings systems where appropriate.  It serves as a foundational component for rebuilding public trust in state institutions and establishing sustainable rule of law in post-conflict settings.

  • Monitoring and Verification:  The systematic observation and reporting of compliance with peace agreement commitments through established procedures.

  • Parties to the Agreement:  a) Government of [state]: The internationally recognized government of [state], represented by [specific offices or individuals]. b) [Armed Group/Opposition Movement]: [Full name of the group], represented by [specific offices or individuals]. c) [Other relevant parties, such as regional bodies or international organizations]

  • Peace Process:  The series of steps and negotiations undertaken by the Parties to resolve the Conflict in [state] and establish sustainable peace, including ceasefire agreements, peace talks, and implementation of peace accords.

  • Peace Implementation Commission:  An instituton established to oversee implementation of peace agreement provisions, including representatives from conflict parties and other stakeholders.

  • Power-Sharing:  Political arrangements that distribute governing authority and decision-making responsibilities among different groups or factions in [state], often used as a mechanism to ensure inclusive governance in divided societies.

  • Reconciliation:  A multifaceted process aimed at rebuilding relationships damaged by conflict in [state], addressing root causes of violence, and fostering social cohesion to prevent the recurrence of conflict.

  • Refugee:  A person from [state] who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside [state] and is unable or unwilling to avail themselves of the protection of [state], as defined in the 1951 Refugee Convention.

  • Rehabilitation:  Measures that provide social, medical, psychological, and legal services to victims to aid in their recovery and reintegration into society.

  • Reparations:  Measures taken to redress harms suffered by victims of human rights violations or international humanitarian law breaches in [state], which may include restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition.

  • Restitution:  Measures aimed at restoring a victim to the position they were in before the violations occurred, which may include restoring liberty, legal rights, social status, family life, citizenship, return to one's place of residence, and restoration of employment.

  • Rule of Law:  The principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced.

  • Satisfaction:  Measures aimed at cessation of human rights violations, truth-seeking, search for the disappeared, recovery and reburial of remains, judicial and administrative sanctions, public apologies, commemorations and tributes to victims.

  • Security Sector Reform (SSR):  The process of transforming [state]'s security system to ensure it is managed and operated in a manner consistent with democratic norms, principles of good governance, rule of law, and respect for human rights.

  • Transitional Justice:   A framework for addressing past human rights violations and injustices through legal and social measures to promote accountability, reconciliation, and peace in post-conflict societies.

  • Truth Commission:  An official, temporary, non-judicial body tasked with investigating and reporting on patterns of human rights abuses and violations of international humanitarian law over a specified period in [state].

  • Vetting:  The systematic review of an individual's background, professional conduct, and integrity to determine their fitness for public employment or positions of authority in post-conflict [state].

  • War Crimes:  Serious violations of the laws and customs applicable in armed conflict that give rise to individual criminal responsibility under international law, as defined in Article 8 of the Rome Statute of the International Criminal Court, committed within the context of the conflict in [state].

The Parties acknowledge that these definitions shall govern the interpretation and implementation of all provisions within this Agreement. Any dispute arising from the interpretation of these terms shall be resolved through the dispute resolution mechanism outlined in Article [X] of this Agreement.

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