Resolution 2559 (2024)1Provisional version

Reparation and reconciliation processes to overcome past conflicts and build a common peaceful future – the question of just and equal redressParliamentary Assembly

1. The Parliamentary Assembly regrets the sad reality that wars and violent conflicts cause great humansuffering as well as the destruction of property, homes and the environment.

2. The Assembly emphasises that negotiations and processes seeking to address the damage caused byconflict and move towards reconciliation are crucial for lasting peace through relevant tools under internationallaw, which may vary depending on the context, and may include truth-seeking initiatives, justice, reparations,recognition and guarantees of non-repetition. However, often such processes do not lead to adequate resultsdue to a lack of an acceptable, achievable, enforceable and implementable package towards reconciliationand redress following a conflict. This can create a feeling of injustice which can, in turn, perpetuate conflict oreven lead to a resumption of hostilities.

3. The Assembly recalls the terms of the preamble to the Statute of the Council of Europe (ETS No. 1)which stipulates that the States parties are “convinced that the pursuit of peace based upon justice andinternational co-operation is vital for the preservation of human society and civilisation”. The Organisation isthus well-placed to promote solutions to foster justice, co-operation and peace in Europe.

4. The Assembly notes that notwithstanding the existing tools at the disposal of the Council of Europe tofacilitate finding solutions to post-conflict disputes – including through political discourse within the Assemblyand within the Committee of Ministers, and through the jurisdiction of the European Court of Human Rights –problems persist. Such tools often do not provide an adequate, enforceable and timely response to thechallenges of disputes between member States, particularly following a conflict situation.

5. The Assembly reiterates the important role that courts can play in finding just solutions, whilst regrettingthat often courts lack jurisdiction, for example due to the doctrine of State immunity; are unable to fullyaddress the overall complexity of the problem, for example due to their remit or limits of the availableremedies; or their judgments are not enforced. Even the European Court of Human Rights is a limited tool inachieving reconciliation and reparation following a conflict, given that its remit is restricted to specific humanrights violations, given the limited range of remedies available to it, and given the difficulties in enforcing, inparticular, just satisfaction judgments in interstate cases. There is thus a strong case for a more effective andmore adaptive mechanism for resolving interstate disputes following a conflict between Council of Europemember States, and for improving the enforcement of any awards.

6. The Assembly recognises that the topic of reparation and reconciliation in post-conflict situations can bea highly sensitive matter requiring careful political as well as legal expertise, in order to find solutions that arefair, respect the principles of the rule of law, justice and human rights, promote truth and reconciliation, andsafeguard peace. Any approach needs to be firmly based on the principle of State responsibility, under

1. Assembly debate on 26 June 2024 (20th sitting) (see Doc. 15933, report of the Committee on Legal Affairs andHuman Rights, rapporteur: Lord Richard Keen; Doc. 16019, opinion of the Committee on Political Affairs and Democracy,rapporteur: Mr George Loucaides). Text adopted by the Assembly on 26 June 2024 (20th sitting).

See also Recommendation 2281 (2024).

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