peace contract
A peace treaty is a treaty under international law between warring parties that ends the state of war ( peace ) and contains a peace treaty ( definitive peace treaty ) or provisions of which the essential conditions are provisionally determined ( preliminary peace ). Both types follow the same legal principles about form, effect, etc.
In contrast to the armistice , the conclusion of a peace treaty is currently only possible between governments recognized under international law . The most important components of peace treaties include a. Written rules on issues of territorial sovereignty and political conditions, declarations of intent for the future design of bilateral or multilateral relations, the type and scope of compensation claims and consequences in the military field, such as demobilization of the armed forces. A peace treaty leads to a treaty peace .
Sometimes a peace treaty does not resolve all disputed issues. There may be an agreement to negotiate them at a later date, or to set up an international commission to deal with it, or to involve existing international organizations .
The formulation of individual provisions of a peace treaty can allow contradicting interpretations. Sometimes it is necessary to accept a lack of clarity and clarity in order for a peace treaty to come about at all. Such pseudo-agreements can mask fundamental contradictions and form the seed for future conflicts.
The instruments that guarantee their fulfillment are also essential for the agreements of a peace treaty. You have to be effective.
A peace treaty is not compulsory; after a war or an armistice, peace can “also be established in other ways. Any other treaty can have the same effect, for example a treaty to establish diplomatic relations , from which the effect of ending the state of war can only be inferred indirectly [...], or a treaty to establish friendly relations [...]. "
Historical development
The first documented peace treaty is the Egyptian-Hittite peace treaty of 1259 BC. Chr. Between the Egyptian Pharaoh Ramses II. And the Royal Hattusili III. by Ḫatti . This treaty contained not only a non-aggression pact , but even an alliance treaty against attacks by third parties. It is interesting that there were two different versions of this peace treaty, one Hittite and one Egyptian. So both sides could stand victorious in front of their people and keep their honor .
In ancient times , in the Middle Ages and later in the relations between the European and the Muslim states, it was customary to conclude peace treaties for a certain period of time, which today amounts to an armistice concluded for a certain period of time. Such degrees had not been covered by international law since the late 19th century.
In the 19th century, when numerous war events went hand in hand with the increasing economic integration of states , the status of the peace treaties under international law also developed. At the same time, it was necessary to either re-enact or renegotiate the bilateral agreements that had been suspended between the warring parties after the end of the hostilities. This was accompanied by a more highly developed diplomacy , which was not only used for the conclusion of peace treaties.
Towards the end of the First World War , a so-called peace of understanding was called for in the peace resolution , which meant a freely negotiated peace treaty. After the war had continued until the Germans were clearly defeated, a victory peace , i.e. a peace treaty dictated by the victorious powers, had to be accepted.
In the 21st century, wars are sometimes ended without a peace treaty, such as the Iraq war .
See also
Web links
- European pre-modern peace treaties online - Institute for European History Mainz
- Pre-modern peace treaties - historicum.net
Individual evidence
- ↑ Karl Doehring , Völkerrecht , 2nd edition 2004, § 11 IV, Rn. 651 f.