Peace treaty
A peace treaty is an agreement between two or more hostile parties, usually countries or governments, which formally ends a state of war between the parties.[1] It is different from an armistice, which is an agreement to stop hostilities; a surrender, in which an army agrees to give up arms; or a ceasefire or truce, in which the parties may agree to temporarily or permanently stop fighting.
The need for a peace treaty in modern diplomacy arises from the fact that even when a war is actually over and fighting has ceased, the legal state of war is not automatically terminated upon the end of actual fighting and the belligerent parties are still legally defined as enemies. This is evident from the definition of a "state of war" as "a legal state created and ended by official declaration regardless of actual armed hostilities and usually characterized by operation of the rules of war".[2] As a result, even when hostilities are over, a peace treaty is required for the former belligerents in order to reach agreement on all issues involved in transition to legal state of peace. The art of negotiating a peace treaty in the modern era has been referred to by legal scholar Christine Bell as the lex pacificatoria,[3] with a peace treaty potentially contributing to the legal framework governing the post conflict period, or jus post bellum.
Since 1950, the rate at which interstate wars end with a formal peace treaty has substantially declined.[4]
Elements of treaties
The content of a treaty usually depends on the nature of the conflict being concluded. In the case of large conflicts between numerous parties, international treaty covering all issues or separate treaties signed between each party.
There are many possible issues that may be included in a peace treaty such as the following:
- Formal designation of borders
- Processes for resolving future disputes
- Access to and apportioning of resources
- Status of refugees
- Status of prisoners of war
- Settling of existing debts
- Defining of as unjust behavior
- The re-application of existing treaties
- Revenge
In modern history, certain intractable conflict situations may be brought to a ceasefire before they are dealt with via a peace process in which a number of discrete steps are taken on each side to reach the mutually-desired eventual goal of peace and the signing of a treaty.
A peace treaty also is often not used to end a civil war, especially in cases of a failed secession, as it implies mutual recognition of statehood. In cases such as the American Civil War, it usually ends when the losing side's army surrenders and its government collapses. By contrast, a successful secession or declaration of independence is often formalized by means of a peace treaty.
Treaties are often ratified in territories deemed
Role of the United Nations
Since its founding after World War II the United Nations has sought to act as a forum for resolution in matters of international conflict. A number of
Peace treaty under the United Nations
Since the end of World War II,
Therefore, if the use of military force arises, it is called 'international armed conflict' instead of 'war'. The fact that the current
Post-conflict elections
One of the UN's roles in peace processes is to conduct post-conflict elections but, on the whole, they are thought to have no effect, or even a negative effect, on peace after civil war.[8][9][10]
However, when peace agreements transform rebel groups into political parties, the effect on peace is positive, especially if international interveners use their moments of power distribution to hold the former combatants to the terms of their peace agreement.[11][12]
Historic peace treaties
Ancient history
Probably the earliest recorded peace treaty, although it is rarely mentioned or remembered, was between the
The peace treaty was recorded in two versions, one in
The Treaty was concluded between
The treaty is considered of such importance in the field of international relations that a replica of it hangs in the UN's headquarters.
Following the five years war between
The settlement ushered in a period of peace between the two empires for around three centuries. Inscriptions erected by Queen Amanirenas on an ancient temple at Hamadab, south of Meroe, record the war and the favorable outcome from the Kushite perspective.[24] Along with his signature on the official treaty, Roman emperor Augustus marked the agreement by directing his administrators to collaborate with regional priests in the erection of a temple at Dendur, and inscriptions depict the emperor himself celebrating local deities.[25]
Modern history
Famous examples include the Treaty of Paris (1815), signed after Napoleon's defeat at the Battle of Waterloo, and the Treaty of Versailles, formally ending the First World War between Germany and the Allies. Despite popular belief, the war did not end completely until the Allies concluded peace with the Ottoman Empire in 1919 at the Treaty of Sèvres, and even then the reaction to this treaty caused the outbreak of the Turkish War of Independence. Upon the victory of the Turkish National Movement in that conflict and the signing of the Treaty of Lausanne, the last major diplomatic extension of the First World War came to an end.
The Treaty of Versailles, as well as the
Another famous example would be the series of peace treaties known as the
The Korean War is an example of a conflict that was ended by an armistice, rather than a peace treaty with the Korean Armistice Agreement. However, that war has never technically ended, because a final peace treaty or settlement has never been achieved.[26]
A more recent example of a peace treaty is the 1973 Paris Peace Accords that sought to end the Vietnam War.
See also
- Diplomacy
- Ius gentium
- Lex pacificatoria
- Jus post bellum
- List of peace activists
- List of treaties
- List of ancient treaties
- Pact
- Peace
- Peace Treaty on Korean Peninsula
- Treaty of Zadar
- Peace with Honor
- Perpetual peace
- Separate peace
- Uppsala Conflict Data Program, a dataset of all comprehensive agreements, partial agreements or peace process agreements between actors in armed conflict since 1975
References
- ^ Naraghi-Anderlini, Sanan (2007). "Peace Negotiations and Agreements" (PDF). Inclusive Security.
- ^ state of war
- OCLC 875720751.
- S2CID 144269999.
- OCLC 907471186.
- OCLC 1014363203.
- ^ "Is it necessary to sign the "Peace Agreement" on the Korean peninsula?" (in Korean). The Asian Institute for Policy Studies. pp. 2–3. Retrieved 2017-08-23.
- OCLC 877984102.
- S2CID 73607070.
- S2CID 154951436.
- S2CID 57565200.
- ISBN 9781107189171.
- )
- ^ Grimal, op. cit., p. 256
- ^ Grimal, op. cit., p. 257
- ^ O'Grady 79-88
- ISBN 978-0-313-33538-9.
- ISSN 1468-2621.
- ^ O'Grady 79-88
- ^ Richard Lobban 2004. Historical Dictionary of Ancient and Medieval Nubia, 2004. p70-78
- ^ Jackson, Empire's Edge, p 149
- ^ Jackson, At Empire's Edge p. 149
- ^ Raoul McLaughlin, 2014. The ROman Empire and the Indian Ocean. p61-72
- ^ McLaughlin, The Roman Empire and the Indian Ocean 61-72
- ^ Robert Bianchi, 2004. Daily Life of the Nubians, p. 262
- ^ "Is it necessary to sign the "Peace Agreement" on the Korean peninsula?" (in Korean). The Asian Institute for Policy Studies. pp. 8–9. Retrieved 2017-08-23.
Further reading
- Bell, Christine; Badanjak, Sanja (2019). "Introducing PA-X: A new peace agreement database and dataset" (PDF). Journal of Peace Research. 56 (3): 452–466. S2CID 117170451.
- Fontana, Giuditta; Kartsonaki, Argyro; Neudorfer, Natascha S; Walsh, Dawn; Wolff, Stefan; Yakinthou, Christalla (2020). "The dataset of Political Agreements in Internal Conflicts (PAIC)". Conflict Management and Peace Science. 38 (3): 338–364. ISSN 0738-8942.
External links
- UN Peacemaker, United Nations Database of Peace Agreements
- Peace Agreement Access Tool (PA-X), 1990–2016
- United States Institute of Peace Digital Peace Agreements Collection
- Uppsala Conflict Data Program's Peace Agreement Dataset v. 2.0, 1975–2011
- The Paris Peace Treaty of 1783
- The peace treaties: comprising the league of nations covenant, digest of the German treaty, digest of the Austrian treaty, with annotations by the American mission at the peace conference; milestones on the road to victory indexed, authors Publicity Corporation, Continental National Bank. Publisher The Federal trade information service, 1919
- The Treaty of Versailles, 1919
- Peace Agreements Database at the Transitional Justice Institute