Peace Agreement Draft Language Guide
Introduction
Since the end of World War II, the number of active conflicts worldwide have continued to grow. According to the Uppsala Conflict Data Program (UCDP), as of 2022, there have been over 280 armed conflicts in more than 160 locations globally. The human cost of these conflicts remains significant, with lives lost, communities displaced, and widespread destruction. The United Nations High Commissioner for Refugees (UNHCR) reported that by mid-2022, over 100 million people were forcibly displaced worldwide due to conflict, violence, and persecution. In recent years, the trend of resolving conflicts through peace agreements has continued. The Peace Agreement Database (PA-X) reports that between 1990 and 2022, more than 1,900 peace agreements have been signed in over 150 processes. However, the success rate of these agreements remains a concern. While exact figures vary, recent studies suggest that approximately 35-40% of peace agreements fail within five years of signing. Many others, while not failing outright, fall short of achieving sustainable peace. Notably, the nature of conflicts has evolved, with an increase in non-state armed groups and a rise in internationalized internal conflicts, adding complexity to peace processes and post-conflict stability.
When peace agreements fail to end the conflict, many lives may be lost. Violent conflict also creates an environment of instability and insecurity, which prevents economic growth and development. The peace agreement sets the stage to the normalization of relations and a future for peace between the parties to the conflict. Most recent peace agreements focus on creating a democratic process, minimizing the disenfranchisement of certain groups in order to foster a greater sense of harmony between the sides of a conflict. They also initiate a transitional justice process with the aim of transitioning the country to reconciliation through justice and accountability.
Before beginning to negotiate a peace agreement, parties need to reach a point where peace is desired. Political will to engage with the other side and end the violence or conflict is necessary in order to begin the peace agreement process. Without political will, parties often fail to reach an agreement, and if they do succeed, the agreement will lack legitimacy and peace will be difficult to sustain.
In these challenging circumstances, negotiating and drafting a peace agreement is an art – it can be as difficult as negotiating an end to the conflict itself. A well-negotiated and well-written peace agreement, along with a strong commitment by the parties to implement the agreement, can prevent the recurrence of violent conflict and promote long-term peace and reconciliation. One main reason for the failure of many agreements is poor drafting and failing to tailor the terms of the agreement to the particular circumstances of a conflict. While the content of the peace agreement is extremely important, one must also remember that words matter. The way in which an agreement is drafted contributes significantly to its success, along with meaningful implementation and adequate international support or pressure. As a peace agreement is a legal document, the way it is drafted and the language employed will affect how it is interpreted and implemented.
While there have been failures, there have been successes. For example, despite several challenges, the Dayton Accords are approaching their thirty year anniversary, and the territory of the Former Yugoslavia is now six independent states operating in peaceful coexistence. There is much to learn from how states have resolved conflicts and drafted peace agreements in the past. Additionally, there are now significant academic and technical resources available to those engaged in conflict.
With this Handbook, the Public International Law & Policy Group (PILPG) aims to contribute to the vast array of academic and technical resources on peace negotiations and sample language. This analysis aims to equip parties involved in peace negotiations with knowledge about the key issues that often arise in the peace process and sample language to address them in a peace agreement.
How to Use this Handbook
Negotiating a peace agreement is hard work, and parties often struggle to ensure that the final agreement reflects everything that the parties wish to resolve during the broader peace process. Sometimes, peace agreements are short and essentially limited to a ceasefire agreement. This often occurs when the primary interest is to bring an immediate end to violent conflict. Peace agreements can also be lengthy, consist of multiple agreements or chapters, and include extensive details about the transition to peace. The form and content of the peace agreement will depend on the specific circumstances of each conflict and whether the parties have sufficient political will to reach a resolution.
This Handbook offers draft language for a range of topics that typically arise in peace negotiations. Each Chapter focuses on its title topic and discusses its core issues. As the topics addressed in peace agreements are often inherently interlinked, parties engaged in negotiations can decide whether to address an issue as a standalone chapter, as part of a core issue within a broader chapter, or a combination of both. This will depend on the nature of the conflict, the parties engaged in negotiations, and the parties’ priorities for the peace process. For example, in a conflict where child forced recruitment is a key feature, parties engaged in negotiations might prioritize this issue and dedicate a full chapter of the peace agreement to children. In the same agreement, parties might also address child forced recruitment within other chapters complementary to the protection of children and practices of armed groups, for example Disarmament, Demobilization and Reintegration; Security Sector Reform; Conflict Prevention; Accountability; and Human Rights.
To ensure a wide range of options for users, this Handbook provides draft language for chapters focused on specific issues, as well as for broader chapters that address multiple, interrelated issues. The core issues addressed in each chapter may intersect and overlap with issues addressed in other chapters. Parties will consider how to reinforce commitments across chapters to avoid contradictory provisions or multiple oversight bodies with overlapping mandates.
Each Chapter consists of two sections. The first section (“About This Chapter”) provides information on the role of each chapter in a peace agreement. This section addresses why it is necessary to have such a chapter in a peace agreement, how that chapter contributes to the peace process, and what the chapter aims to achieve.
The second section (“Draft Language”) provides language that could be adopted in a peace agreement to address a specific issue or problem. Every conflict situation is unique, and the language adopted in a peace agreement will reflect specific conflict dynamics. For this reason, each section on draft language provides multiple options that address a range of scenarios. Readers can make adjustments to tailor the agreement to the specific context it seeks to address. Entire sections can be incorporated into the peace agreement, depending on their relevance. Users of this Handbook can also draft new language for any of the concepts discussed.
This Handbook does not provide an exhaustive list of the provisions or concepts that parties might include in a peace agreement. It also does not attempt to provide a comprehensive analysis of each issue that arises in peace negotiations, nor does it provide technical drafting assistance for experts. Its purpose is to equip laypersons with the skills to understand, draft, and review language in peace agreements. It is a helpful resource for readers who do not necessarily have extensive knowledge of peace agreement drafting or who have not yet engaged in negotiations. Readers might be just beginning to consider the possibility of peace, traveling to negotiations, or engaging in early discussions regarding the content of a proposed peace agreement. The Handbook can also assist readers who are not directly involved in peace processes, but who are assisted and represented by expert legal advisors in peace negotiations. In these circumstances, this Handbook is a helpful tool to use to carry out an informed and thorough review of drafts.
This Handbook is a starting point for peace agreement drafting, and parties are by no means limited to what is presented in the chapters. For this reason, additional, complementary resources are noted throughout the guide for reference purposes.