THE PARTICIPATION OF THE COUNCIL OF EUROPE IN PROMOTING THE CONCEPT OF TRANSITIONAL JUSTICE IN POST-CONFLICT COUNTRIES

Abstract

The article examines the legal forms of the Council of Europe's participation in the promotion of transitional justice in post-conflict states. It was found that the tasks of the Council of Europe correspond to the principles of transitional justice, in particular with regard to the development of the rule of law, the establishment of dialogue between the parties to the conflict, the implementation of institutional reforms, etc. The author suggests that the legal forms of work of the Council of Europe can be integrated into the transitional justice strategies of post-conflict states, although they require some individualization at the level of national contexts. It has been established that the effectiveness of the forms of work of the Council of Europe in postconflict states directly depends on the latter's international legal obligations. It is emphasized that the principle of victim-centrism is one of the key principles not only within the framework of the transitional justice model, as it has a system-forming character for the legal forms of the work of the Council of Europe and determines the content of certain areas of European policy. It is argued that the lack of legal forms of work of the Council of Europe in the field of transitional justice is their politicization, which is due to the aspirations to strengthen and expand the EU itself. This may lead to changing the goal of social transition, in particular, from reconciliation and the search for historical truth to the European integration of the post-conflict state. It has been proven that a positive aspect of the legal forms of the work of the Council of Europe is the possibility of adaptation to the national context. The advantages of the legal forms of work of the Council of Europe in the field of transitional justice also include the comprehensive understanding of the principle of the rule of law, which gives the mechanisms of transitional justice the necessary complementarity, and the legal forms of work in this field – a sufficient level of institutionalization. In view of this, the author concludes that such practice provides the Council of Europe with real opportunities for effective work with all the factors that have become the causes of social upheaval.