Published July 2024 | Version v1
Publication Restricted

Draft Articles of the Convention for the Support, Protection and Acceleration of Conflict Prevention and Resolution

Description

The Draft Articles are authored by Mark Freeman, the founder and executive director of the Institute for Integrated Transitions (IFIT).

The Draft Articles form part of IFIT’s Peace Treaty Initiative: a major global undertaking to establish an incentives-based multilateral treaty to promote, support, facilitate, localise and expedite negotiation and mediation as a preferred means for the prevention and resolution of actual or potential non-international armed conflicts.

The Draft Articles represent the culmination of ten years of work. The story began when, in 2015, Mark Freeman began to develop the template for a purpose-built treaty on peace negotiations - an idea he eventually presented in detail in his book "Negotiating Transitional Justice" (Cambridge University Press 2019). In 2020, while on sabbatical, Freeman created the first full draft of the future treaty and thereafter the IFIT Peace Treaty Initiative was launched. From April 2021 to December 2022, his indicative draft served as the centrepiece in the first phase of an inclusive global consultation process involving UN member states; multilateral organisations; negotiators, mediators and ex-combatants; and leading universities, law firms, think tanks and NGOs from around the world. This was followed by a second chapter of inclusive global consultation from January 2023 to June 2024 using an updated version of the draft treaty.

In total, the global consultation process generated an immense range and volume of substantive contributions via legal commentaries, memoranda, and dozens of expert workshops, seminars, colloquia, and public events. The Draft Articles (July 2024) marked the conclusion of the global consultation process and the opening of a formal diplomatic phase.

Table of Contents of the Draft Articles:

PREAMBLE

PART 1   OPENING CLAUSES

Article 1    –  Objectives

Article 2    –  Guiding Principles

Article 3    –  Definitions

PART 2   RIGHTS, OBLIGATIONS AND MUTUAL COOPERATION

Article 4    – Rights

Article 5    – Obligations

Article 6    – Mutual Cooperation

PART 3   SITUATION SUPPORT

Article 7    – Situation Requests

Article 8    – Assistance for Admitted Situations

Article 9    – Continuity Clause

Article 10 – Privileges and Immunities in Admitted Situations

Article 11 – Process Design Benchmarks for Admitted Situations

Article 12 – Outcome Stabilization for Admitted Situations  

Article 13 – Vacating of Admitted Situations

PART 4   ADMINISTRATION AND MECHANISMS

Article 14 – Conference of States Parties

Article 15 – Secretariat

Article 16 – Convention Support Service

Article 17 – Accompaniment Index

Article 18 – Financial Instrument

PART 5   FINAL CLAUSES

Article 19 – Non-State Declarations

Article 20 – Interpretation and Application

Article 21 – Amendments

Article 22 – Protocols

Article 23 – Depositary

Article 24 – Signature

Article 25 – Ratification, Acceptance, Approval and Accession

Article 26 – Entry into Force

Article 27 – Reservations

Article 28 – Withdrawals

Article 29 – Authentic Texts

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