Peace Agreement Draft Language Guide

Legal and Institutional Framework for Implementation

About Legal and Institutional Framework for Implementation in a Peace Agreement

INTRODUCTORY NOTE: Ceasefires are often the first step towards a restoration of trust between the parties.  While there are many factors that contribute to permanent peace, well-drafted ceasefire provisions in a peace agreement can play a critical role in establishing a durable cessation of conflict and creating a safe environment for parties to negotiate. 

KEY TERM:

  • Ceasefire: An agreement, usually between two armies, to stop fighting in order to allow discussions about peace.

RELEVANT INFORMATION:

  • The goal of a ceasefire in a peace process is to halt active hostilities and create a stable environment that fosters dialogue and negotiation.  A ceasefire may serve several key functions:

    • Reducing violence:  It immediately stops the loss of lives, destruction of property, and humanitarian suffering, providing relief to civilians caught in the conflict.


    • Building trust:  By ceasing hostilities, the warring parties demonstrate a commitment to seeking a peaceful resolution.  It helps build trust between the parties involved, which is crucial for the success of peace negotiations.

    • Creating space for negotiations:  A ceasefire allows the parties to shift focus from military strategies to diplomatic solutions.  It gives negotiators the time and conditions needed to discuss long-term political, social, and economic issues without the pressure of ongoing violence.

    • Humanitarian access:  A ceasefire often facilitates the delivery of humanitarian aid to affected populations, enabling medical care, food, and other critical assistance to reach those in need.

    • Confidence-building measures:  It can serve as an initial step in a series of confidence-building measures, leading to broader agreements on disarmament, political power-sharing, and other aspects of a comprehensive peace settlement.

    • Preventing escalation:  A ceasefire helps to prevent further escalation of the conflict, potentially stopping a spiral into more intense or widespread violence.

  • The inclusion of a Ceasefire and Cessation of Hostilities Chapter in a peace agreement may serve to: 

    • Establish tactical, geographical, and political obstacles that deter the parties from returning to conflict; 

    • Clearly indicate the rights and obligations of the parties, and minimize related uncertainty through communication and information sharing; 

    • Create a sense of formal legal obligation; 

    • Engage the international community to significantly increase legitimacy and the costs of violating the agreement.

  • In recent history, the line between ceasefires and peace agreements has begun to blur.  Many modern ceasefires have not been followed by a more comprehensive peace agreement.  As a result, some parties have included ceasefire obligations that extend beyond the common core elements.  The inclusion of too many issues, however, could threaten the ability of the parties to achieve a swift cessation to on-going hostilities.  Parties are highly encouraged to create a clear commitment to promptly negotiate a later agreement to avoid forcing premature issues into a ceasefire.  

CEASEFIRE CORE ISSUES:

Most peace agreements address the following core issues in a Chapter on Ceasefire and Cessation of Hostilities:

Terms of Ceasefire:  This section discusses the conditions and rules that govern the cessation of hostilities between conflicting parties.  The purpose of this section is to ensure clarity, prevent misunderstandings, and provide mechanisms for monitoring and enforcing the ceasefire.  This section discusses: 

  • Definitions:  ensures that the parties share a mutual understanding of the terminology. 

  • Entry into Force:  specifies the conditions for enforcing the ceasefire.

  • Prohibited Acts:  lists specific actions that the agreement aims to stop. 

Enforcement and Compliance:  This section outlines the mechanisms and structures designed to ensure that the terms of the ceasefire are followed, monitored, and enforced.  This part of the agreement is crucial for maintaining accountability and resolving any violations. 

  • Separation of Forces:  establishes zones of separation or limits a specific military activity.

  • Reporting Requirements:  obliges the parties to report the number, composition, and location of their forces. 

Cessation of Hostilities:  This section sets the groundwork for a more stable environment to facilitate peace.  This section serves as a framework to stop active fighting and lays the foundation for the broader peace process. 

  • Geographic Scope:  designates the area(s) where the ceasefire will apply.  

  • Control over Forces:  confirms the parties’ control over their respective forces and their commitment to control these forces in compliance with the agreement.


Monitoring and Implementation:  This section discusses the measures that parties can take to monitor the ceasefire.  It particularly outlines considerations that need to be had when designing a monitoring commission. 

  • Type and Structure:  designs the way a monitoring commission is going to be staffed and by what type of actors. 

  • Mandate:  establishes the monitoring commission’s mandate and responsibilities. 

Draft Language on Ceasefire and Cessation of Hostilities in a
Peace Agreement

The parties may determine how to merge the draft language options presented below to meet the particular requirements of a peace agreement.

Terms of Ceasefire

Definitions

Note to Drafters:

Successful ceasefire agreements ensure that the parties have the same understanding of the agreement’s terms.  One way to promote consistent interpretation of a ceasefire agreement is to include provisions defining key terms. 

Draft Language: Definitions

This Agreement [is drawn up in [designate language(s)]]/[will be translated into [insert language(s)]].  The [designate language] text shall take precedence.  The following definitions shall serve as interpretation principles under the present Agreement:  

  • Armed Groups – [designate definition] 

  • Assembly Areas – [designate definition] 

  • Entry into Force – [designate definition] 

  • Forces – [designate definition] 

  • Heavy Military Equipment - [designate definition] 

  • Parties – [designate definition] 

  • Peace Agreement – [designate definition] 

  • Propaganda – [designate definition] 

  • Terrorism – [designate definition] 

  • Weapons – [designate definition]

Entry into Force

Note to Drafters:

 Entry into force provisions establish a specific time or date when the rights and obligations under the ceasefire agreement become binding on the parties.  They may also establish an explicit commitment by the parties to respect the rights and obligations under the agreement. 

Draft Language: Entry into Force

Option 1: Upon Signature

This Ceasefire Agreement shall enter into force at [XX:XX] hours on [designate date].  [This date may be postponed, if necessary, for at most [[X] days] by the agreement of the parties].  The Parties agree to maintain the current cessation of hostilities between [explicitly name the parties] [until that time].

Option 2: At a Specific Time or Date

This Ceasefire Agreement shall enter into force at [XX:XX] hours on [designate date].  [This date may be postponed, if necessary, for at most [X] days by the agreement of the Parties].  The Parties agree to maintain the current cessation of hostilities between [explicitly name the parties] [until that time].

Option 3: X Hours/Days After Signature

This Ceasefire Agreement shall enter into force [within [X] [hours] / [days]] after the singing of this Agreement.  [This date may be postponed, if necessary, for at most [X] days by the agreement of the parties].  The Parties agree to maintain the current cessation of hostilities between [explicitly name the parties] [until that time].

Option 4: Upon the Occurence of an Event

This ceasefire shall enter into force at [XX:XX] hours on the date on which [the [Peacekeeping Force] / [Ceasefire Commission] / [Monitoring Group] shall be in place with full capacity] / [designate event].  This must be completed no later than [X] days after the signing of this Agreement.

The [Peacekeeping Force] / [Ceasefire Commission] / [Monitoring Group] / [designate party or body] shall notify the Parties of [its establishment and deployment] / [designate event] so that the date of entry into force may be set.

The Parties agree to maintain the current cessation of hostilities between [explicitly name the parties] [until the date of entry into force].

Prohibited Acts

Note to Drafters:

Prohibited acts are the specific actions that the agreement aims to stop.  These provisions generally vary with some agreement’s choosing broad language while others include more detailed prohibitions.  Along with prohibitions against the direct use of force between the parties, ceasefire agreements often create prohibitions that limit the ability of the parties to use the ceasefire to prepare for renewed fighting. 

Draft Language: Prohibited Acts

The following acts shall constitute a violation of this Agreement: 

  • Military or hostile attacks against the forces, positions, or property of another party;

  • Acquiring, fortifying, or distributing arms, ammunition, or other war equipment [to forces or groups operating in the territory of another state without its consent];

  • Attempts to occupy or occupying new ground locations or offensive positions;

  • Unauthorized cross-border movement or redeployment of forces or resources [into the territory of another party];

  • [Recruitment, drafting, or mobilization of soldiers, including boys and girls under 18 years];

  • Harassment, attacks, hostage-taking, or unlawful arrest of civilians and humanitarian personnel, or the seizure of private properties;

  • Restriction or obstruction of the movement of [all people and goods]/[specify groups or goods] [specify territory where such restriction is prohibited];

  • Laying of mines or incendiary devices and interfering with the clearing of such devices;

  • The use of [hostile] propaganda [including defamatory, untruthful, or derogatory statements][both within and outside the country];

  • Establishing sanctions, blockades, or checkpoints;

  • Espionage, spying, or sabotage;

  • Acts of sexual violence, including rape, forced prostitution, and forced marriage;

  • Torture;

  • Terrorism;

  • Destruction or seizure of objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas, crops, livestock, drinking water installations, and irrigation works;

  • [Unlawful restriction of the freedom of movement of civilians, including through blockades or curfews imposed without legitimate military necessity];

  • Targeting of cultural property and places of worship;

  • Denial of humanitarian access to civilians in need;

  • [Designate prohibited act].

Enforcement and Compliance

Separation of Forces

Note to Drafters:

Depending on the circumstances, a ceasefire can be established with the parties’ forces remaining in their respective positions when the ceasefire enters into force (in situ) or can require one or more parties to completely leave a state or region.  In other circumstances, the parties can also establish zones of separation – either in the form of so-called buffer zones or restricted zones or both.  A buffer zone / demilitarized zone excludes the parties from entering a defined area.  A restricted zone, however, is a zone restricting certain activity, while not excluding military forces altogether.  The below language options can be used independently or in combination with multiple options.

Draft Language: Separation of Forces

Option 1: In Situ Ceasefire

The Parties agree to freeze their respective military positions held at the time of the [signing] / [entry into force] of this Agreement. 

Where the forces are in direct contact, the Parties shall disengage their forces.  The forces of both sides will stop firing and position themselves in a defensive posture.

Parties’ forces shall maintain a distance of [X] meters between them.

This process shall be [Coordinated/Monitored] by the [Peacekeeping Force] / [Monitoring Group] / [Ceasefire Commission].

Option 2: Total Withdrawal

[All foreign forces] / [All forces from [designate state]] [Designate party] shall permanently withdraw from [the national territory of [designate state]] [designate region] [within [X] days of the entry into force of this Agreement].

This process shall be [Coordinated/Monitored] by the [Peacekeeping Force] / [Monitoring Group] / [Ceasefire Commission]. 

Option 3: Buffer Zone/Demilitarized Zone

A Buffer Zone shall extend a distance of [X] kilometers [on either side of the ceasefire line] / [from [designate area]].

No [person, military or civilian] / [member of [designate force]] shall be permitted to enter the Buffer Zone except [Ceasefire Commission] / [Peacekeeping Force] / [humanitarian assistance] and persons specifically authorized by [Ceasefire Commission] / [Peacekeeping Force].

The Parties shall not execute any hostile act within, from, or against the Buffer Zone.

[The precise area of the Buffer Zone is indicated [using geographic coordinates] on the map[s] included as Annex A to this agreement].

The Buffer Zone shall be [Demarcated / Administered / Monitored] by the [Monitoring Group] / [Ceasefire Commission] / [Peacekeeping Force].

Option 4: Restricted Weapons Zone

A Restricted Weapons Zone shall extend a distance of [X] kilometers [from the perimeters of the Buffer Zone] / [from [designate area]].

There shall be no [heavy military equipment] / [designate weapon class] in the Restricted Weapons Zone.  Such equipment includes:

  • Artillery and mortars of a caliber exceeding [X] millimeters; 

  • Tanks;

  • Armored Vehicles; 

  • Surface-to-Air Missiles; 

  • [designate weapons or vehicles]. 

The Parties shall withdraw [heavy military equipment] / [designate weapon class] from the Restricted Weapons Zone within [X] days of the entry into force of this Agreement.

[Heavy military equipment] / [designate weapon class] shall be stored in [designate area] and shall be [monitored] / [demarcated] by the [Monitoring Group] / [Ceasefire Commission] / [Peacekeeping Force].

Option 5: Restricted Air Zone

A Restricted Air Zone shall extend a distance of [X] kilometers [from the perimeters of the Buffer Zone] / [from [designate area]]. 

There shall be no [air traffic] / [military air traffic] / [non-military air traffic performing military missions] unless there is a [disaster] / [public emergency] warranting such traffic.

The [Peacekeeping Force] / [Ceasefire Commission] / [designate party] will control and coordinate the use of air space over the Restricted Air Zone.

Any [military] flights must be authorized with advance notification to [Monitoring Group] / [Ceasefire Commission] / [Peacekeeping Force].

All early warning, air defense, or fire control radars shall be shut down within [X] hours of the entry into force and shall remain inactive unless authorized by [Peacekeeping Force] / [Ceasefire Commission] / [designate party].

The precise Restricted Air Zone is indicated [using geographic coordinates] on the map[s] included as Annex [A] to this agreement. 

Reporting Requirements

Note to Drafters:

Agreements may contain provisions that require the parties to report the number, composition, and location of their forces.  This requirement assists peacekeepers, monitors, and commissioners to make appropriate plans for ceasefire implementation and to discern whether the parties are abiding by the agreement.

Draft Language: Reporting Requirements

Option 1: Reporting on Number, Composition, and Location of Forces in Total

Within [X] days of the entry into force of this Agreement, [the Parties] / [designate party] shall provide the [Monitoring Group] / [Ceasefire Commission] / [Peacekeeping Force] with updated, reliable, and verifiable information concerning the number, location, organization, and composition of:

  • Military forces, including unit names and identification information;

  • Armaments, both in storage and currently in possession;

  • Military equipment and associated resources;

  • Explosives and mines, including their locations and quantities.

The Parties agree to report any additional information required by the [Ceasefire Commission] / [Peacekeeping Force] / [Monitoring Group] as necessary to ensure transparency and compliance with the terms of this Agreement.

Option 2: Reporting on Troop Withdrawal From a Party’s Territory

Within [X] days of the entry into force of this Agreement, [the Parties] / [designate party] shall begin the orderly and verifiable withdrawal of all military forces from the territory of the other party.  This process shall include the following steps:

  • Identification and Reporting:  Each party shall provide the [Monitoring Group] / [Ceasefire Commission] / [Peacekeeping Force] with detailed and verifiable information regarding the location, size, and composition of its forces currently present in the territory of the other party.

  • Withdrawal Timetable:  A clear and mutually agreed-upon timetable for the withdrawal of forces shall be established, specifying the dates and stages of withdrawal, with priority given to the most sensitive or contested areas.

  • Verification:  The withdrawal process shall be monitored and verified by the [Monitoring Group] / [Ceasefire Commission] / [Peacekeeping Force] to ensure compliance with the agreed timetable and conditions.  Verification shall include on-the-ground inspections, as well as the use of satellite imagery, communication intercepts, or other relevant means.

  • Repatriation of Equipment:  All military equipment, armaments, and supplies belonging to the withdrawing forces shall be removed or repatriated in accordance with the agreed timetable.  Any equipment that cannot be feasibly removed shall be documented and reported to the [Monitoring Group] / [Ceasefire Commission] / [Peacekeeping Force] for appropriate disposal.

  • Reporting Completion:  Upon the completion of the withdrawal, each party shall submit a final report to the [Monitoring Group] / [Ceasefire Commission] / [Peacekeeping Force], certifying that all forces, equipment, and related resources have been fully withdrawn from the territory of the other party.

The Parties agree to cooperate fully with the [Monitoring Group] / [Ceasefire Commission] / [Peacekeeping Force] throughout the withdrawal process and to promptly address any issues or delays that may arise.

Cessation of Hostilities

Geographic Scope

Note to Drafters:

Some ceasefire agreements designate an area where the ceasefire will be respected.  The geographic scope is most often the entire state or states where the conflict exists.  Occasionally, agreements will designate an intrastate region for the ceasefire area.  Provisions describing the geographic scope of the ceasefire may prevent misunderstandings as to who must comply with the agreement.  

Draft Language: Geographic Scope

The Parties shall observe the ceasefire throughout [designate area].

Control Over Forces

Note to Drafters:

Some ceasefire agreements include a provision confirming the parties’ control over their respective forces and their commitment to control these forces in compliance with the agreement.  These provisions function to prevent the parties from denying liability under the ceasefire in cases of breach.  These less-specific provisions leave room for the potential denial of control over forces in the event of a breach.  Therefore, these provisions should be as specific as possible given the conflict context.

Draft Language: Control Over Forces

Option 1: Control Over Specific Forces

[Party A, Party B, and Party C] guarantee they are in full control of [Force A, Force B, Force C], respectively, and will exercise control over them in furtherance of this Agreement.

Option 2: Control Over General Armed Groups

The Parties shall ensure that all armed groups [under their control] [within the conflict area] comply with this Agreement.


 The Parties commit to control those groups that [do not share their objectives but] claim to be part of their forces.

Monitoring and Verification

Note to Drafters:

Monitoring refers to the gathering and documentation of information on activities related to ceasefire implementation.  Verification is the use of information gathered through monitoring to make a determination on whether the parties are in compliance with the agreement.  Promoting implementation refers to providing assistance, logistical support, and expertise to assist the parties in fulfilling their duties under the ceasefire.

Ceasefire agreements may include provisions that identify the type of monitoring or implementation entity that will be used as well as set forth its mandate, authority, and composition.

Type and Structure

Note to Drafters:

Monitoring and implementation commissions can take several forms: (1) internal commissions, (2) international commissions, and (3) joint commissions.  

International commissions consist exclusively of individuals from the United Nations, international organizations, regional bodies, or non-governmental organizations.  

Joint commissions are composed of both the parties and third-party actors from international organizations or neutral states.  The third-party often sits as the chairman of these commissions to serve as a tiebreaker on decisions or a mediator in case of a dispute. 

Internal commissions include only the parties to the conflict.  Ceasefire agreements may establish internal commissions to manage the implementation, while a separate external group provides monitoring and verification.

Draft Language: Type and Structure

Option 1: International Commission

A [Monitoring Group] / [Ceasefire Commission] from [the United Nations] / [designate organization] / [designate state]shall [be requested to] [monitor] / [verify] / [assist with] the implementation of the Agreement.

Option 2: Joint Commission

A Joint [Monitoring Group] / [Ceasefire Commission] consisting of representatives from [designate parties] and [designate international organization] / [designate state] will [monitor] / [verify] / [assist with] the implementation of the agreement.  [A neutral chairman appointed by [designate international organization] in consultation with the Parties shall preside over the monitoring committee]. 

Option 3: Internal Commission

A [Monitoring Group] / [Ceasefire Commission] composed of representatives from the Parties shall be established to [monitor] / [manage] the implementation of the agreement.

Mandate

Note to Drafters:

At a minimum, ceasefire commissions oversee the monitoring of the ceasefire agreement.  However, most ceasefire agreements include additional responsibilities for the commissions. 

When developing a mandate, the parties are encouraged to remain mindful of the commission’s capacity and resources.  Too many responsibilities may result in ineffective implementation.

Draft Language: Mandate

The mandate of the [Monitoring Group] / [Ceasefire Commission] shall include: 

  • [Monitoring] / [verifying] / [overseeing] / [supervising] the implementation of this Agreement;

  • Updating [designate organization] on the process of ceasefire implementation; 

  • [Facilitating] / [monitoring] the movement of troops to ensure compliance with the ceasefire agreement;

  • [Facilitating] / [monitoring] the delivery of basic assistance and supplies to [designate party or group]; 

  • [Facilitating] / [monitoring] the [return / exchange] of prisoners as agreed upon by the Parties; 

  • Resolving disputes among the Parties about the implementation or interpretation of the Agreement; 

  • Settling through negotiations any violations of the Agreement; 

  • [Other tasks agreed upon by the Parties]. 

The Parties agree to cooperate with the [Monitoring Group] / [Ceasefire Commission], to ensure the freedom of movement of the Commission, and to provide the Commission access to facilities as necessary so that it can safely and efficiently fulfill its responsibilities.

 [Monitoring Group] / [Ceasefire Commission] shall be constituted and deployed within [X] days of the entry into force of this Agreement.

For further reading on Ceasefires and Cessation of Hostilities please consult: