7. The Assembly firmly believes that there is therefore a strong case for more action by the Council ofEurope, through a mediated process under the auspices of the Organisation, to help to address the conflictsof the past, and to promote reconciliation and reparation in relation to conflicts between Council of Europemember States. It is only by addressing these issues that we can move forward towards peaceful co-operation for the future and thus establish better upstream tools to prevent future conflicts. Such an initiativeby the Council of Europe would help to fill a lacuna in the rules-based international order, to make the most ofthe Organisation’s unique role and to promote regional peace.

8. The Assembly considers that a mediated solution could help to look holistically at resolving highlycomplex matters between States by involving a neutral third party in finding solutions. In particular, a mediatedsolution might stand a better chance of securing greater buy-in from States and victims and thus a greaterchance of enforcement. A mediator could be chosen from a panel of international mediators or conciliators,perhaps from former Secretaries General of the United Nations or of the Council of Europe, or judges ofinternational renown. Mediated solutions must be achievable, enforceable and implementable.

9. The Assembly considers that a mediation process under the auspices of the Council of Europe shouldinclude the following elements:

9.1. A system should be established to enable member States to submit disputes as to reparations and remedies to mediation.

9.2. The mediation mechanism should avoid duplication of or conflict with any other existing processes and should not be used to bypass or undermine such processes, including in the framework of the United Nations, as well as the procedures before, and the implementation of judgments of, the European Court of Human Rights.

9.3. The Committee of Ministers, the Parliamentary Assembly or the Secretary General of the Council of Europe should be able to initiate this mediation process in the absence of consent by both parties. In the case of the Assembly this could be through a Recommendation.

9.4. The process should apply to matters within the geographic and temporal limits of the Council of Europe. It should only apply to conflicts between States who were not members of the Council of Europe at the relevant time with their express consent. Moreover, for reasons of enforceability, it should not apply to States who are no longer members of the Council of Europe.

9.5. This system should be available for interstate disputes relating to post-conflict situations or other disputes that could risk escalating into tensions.

9.6. This process should also be available for identifying a package of reparations and remedies in relation to interstate cases before the European Court of Human Rights, where a given case could benefit from a broader toolkit for proposing solutions that are better adapted to addressing the complexities of post-conflict situations and the needs of victims.

9.7. The approach should be victim-centred, involving consultation with victims and other affected groups as well as with the States concerned.

9.8. There should be an obligation on member States to engage with a mediation process in good faith. As a matter of propriety, policy and principle, member States should be co-operating with the Council of Europe to resolve issues that impact on the human rights of individuals. This is implicit in the general obligation of States to collaborate sincerely and effectively and to co-operate in good faith, as well as in the specific obligations under the European Convention on Human Rights (ETS No. 5). In particular, the nature of collective enforcement under the Convention implies an obligation of co-operation between States. There should thus be potential repercussions for a State that is considered not to have engaged with the process in good faith.

9.9. There should be a duty on States to co-operate sincerely with the results of mediation and there should be potential consequences for unreasonable failure to do so.

9.10. Much of this can be achieved using the existing legal tools at the disposal of the Council of Europe, such as the Statute, the European Convention on Human rights, and ways of working under those founding instruments, in addition to political and diplomatic pressure using tools at the disposal of

international law. The Assembly also insists that it is particularly important that victims and other affected groups, as well as State actors, are involved in the process of finding adequate solutions that best respond to the needs of those affected. The Assembly underlines the importance of striving to find an acceptable, achievable, enforceable and implementable package that is well-adapted to the context of a particular situation.

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