What is a Peace Agreement?

A Peace agreement is an arrangement between States or non-State parties to a conflict with the aim of bringing to a close a non-international armed conflict. The term encompasses many different types of agreements and often includes multilateral arrangements such as treaties, conventions and protocols.

Depending on the nature of the conflict and its underlying causes, different types of peace agreements may be concluded during the course of a peace process. They generally fall into three categories, namely procedural components, framework or substantive agreements and implementation agreements.

Procedural components are the agreements that determine HOW a peace process will be conducted. They regulate such issues as who negotiates on behalf of whom, the status of participants and how negotiations are to be managed. They may also establish schedules and facilitate the drafting of later framework or substantive agreements.

Framework or substantive agreements deal with the underlying issues of the armed conflict and may include commitments such as the termination of hostilities, the repatriation of missing persons, reparation for human rights violations and/or the establishment of institutions that promote accountability and good governance. Implementation agreements flesh out the details of framework and substantive agreements and set in place mechanisms that ensure compliance.

The question of whether a Peace agreement is international in character, as defined by the Vienna Conventions, depends on the intention of the parties to the conflict. It is submitted that determining this intention by looking at the role of intergovernmental organizations involved in the agreement is inconclusive, particularly given the complex and circular nature of interpreting the notion of international legal personality.