The role of mediation in international conflict resolution

The mediation is an effective tool for easing tensions between parties to a conflict and ensuring neutral mediation. The author examines the different roles of mediators, their methods and strategies used to facilitate dialog and reach agreement.

Рубрика Международные отношения и мировая экономика
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Дата добавления 26.12.2023
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The role of mediation in international conflict resolution

Maria Zhomartkyzy,

Ph.D. in Law, Muslimov Lyceum School No. 101

(Kyzyiorda, Republic of Kazakhstan);

International conflicts are becoming increasingly complex and pose a threat to world stability and security. In this context, mediation acquires key importance as a mechanism to prevent violence and find a peaceful solution. This article explores the important role of mediation in the process of resolving international conflicts. International conflicts are growing in complexity and protractedness, requiring effective resolution mechanisms to prevent violence and mitigate tensions between parties. Mediation is a key tool in resolving such conflicts, providing neutral mediation and creating a fruitful platform for dialog.

The article analyzes various aspects of mediation in international conflicts, including the roles of mediators, the methods and strategies used to resolve differences, and examples of successful and unsuccessful mediation attempts in the history of international relations. The importance of neutrality, trust, and diplomatic skill for effective mediation is highlighted. Challenges associated with mediation in international conflicts, such as the reluctance of parties to mediate, difficulties in enforcing agreements, and external influences on the mediation process, are discussed. The author suggests ways to overcome these challenges, including strengthening international support for mediators, using innovative mediation techniques and tools, and improving coordination and cooperation among international organizations.

The article emphasizes that mediation is an effective tool for easing tensions between parties to a conflict and ensuring neutral mediation. The author examines the different roles of mediators, their methods and strategies used to facilitate dialog and reach agreement. Examples of successful and unsuccessful mediation cases in the history of international relations are presented, highlighting key factors influencing the success of this process. Particular attention is paid to the challenges mediators face in resolving international conflicts. These challenges include the difficulty of establishing trust between the parties, the reluctance of the parties to recognize the need for mediation, and the influence of external actors on the course and outcome of mediation efforts. The author suggests strategies to overcome these challenges, including strengthening diplomatic efforts and utilizing innovative approaches.

The concluding sections of the article emphasize the importance of further research on mediation and international conflict resolution. The author calls for increased support for mediators from international organizations and states, as well as well as the active implementation of mediation approaches in conflict resolution to ensure peace and stability in the global arena.

Key words: mediation, international conflicts, escalation of violence, mediation techniques, success stories, international relations, peacemaking.

tensions conflict methods mediation agreement

Original article

INTRODUCTION. In today's world, international conflicts remain an integral part of world politics and security. With globalization and increasing international ties, various countries, nations and interests are clashing on the world stage, sometimes leading to tensions, clashes and even armed conflicts. In such a context, finding effective and peaceful ways to resolve these conflicts becomes vital.

Mediation as a mechanism for resolving international conflicts is becoming increasingly important. It is a process of intervention by a neutral third party who helps the parties to a conflict to find common understanding and agreement through dialog and negotiation. Mediation seeks to create an atmosphere of trust in which conflicting parties can express their interests and concerns and seek compromise options that satisfy both sides.

One of the key features of mediation is its flexibility and adaptability to different types of conflicts. It can be applied to territorial disputes, economic disagreements, national identities, as well as to broader contexts such as religious or ethnic conflicts. It is important to emphasize that mediation not only contributes to the cessation of hostilities, but also helps to build the basis for long-term peace and cooperation.

PURPOSE AND OBJECTIVES OF THE RESEARCH. The purpose of the research of this article is to comprehend and analyze the important role that mediation plays in the modern world as a means of resolving international conflicts. The main objective is to examine the impact of mediation on the conflict resolution process and its influence on the long-term establishment of peace and cooperation.

In order to achieve this goal, the following objectives are set:

The first task is to analyze the main theoretical concepts and approaches to mediation in the context of international conflicts. This includes an examination of the definition of mediation, the principles on which it is based, and its key characteristics.

The second task is to analyze case studies of mediation in international conflicts. Here it is important to look at both successful and unsuccessful mediation attempts, identifying factors that facilitated or hindered successful conflict resolution.

The third task is to analyze how mediation contributes to laying the groundwork for longterm peace and cooperation between conflicting parties. This includes assessing which elements of the mediation process contribute to easing tensions, rebuilding trust and ensuring stability.

The fourth objective aims to analyze the broad impact of mediation on global politics and security. In this context, it is important to consider how mediation affects the level of international stability, reduces the risk of armed conflict and promotes international cooperation.

The fifth objective is to identify the key factors determining the successful application of mediation in international conflicts. This includes analyzing the skills and characteristics of mediators, the adaptation of the mediation process to specific contexts, and the interaction with political, cultural and social aspects.

Therefore, these tasks are united under the common goal of deepening the understanding of the role and impact of mediation on international conflict resolution, which in turn contributes to a more peaceful and stable world order.

METHODOLOGY. The methodology of the article is based on systematic analysis, comparative research, qualitative data analysis and literature review. This approach allowed the author to comprehensively examine the role and impact of mediation on international conflicts, explore a variety of aspects and factors, and identify common patterns and successful practices.

The methodology of the article is based on the analysis of the mediation system in the context of international conflicts. It includes the study of the components of the mediation process, the interrelationships between them, and the influence of these components on the outcome of the conflict The systemic analysis allows us to consider mediation as a complex dynamic system, including the interaction of mediators, parties to the conflict, international actors and other factors.

In order to achieve the aim of this article, a comparative analysis of different cases of mediation in international conflicts was also conducted. This approach allowed the author to identify common trends, good practices and features that facilitate or hinder successful mediation. The comparison of different contexts helped the author to understand how mediation can be adapted to different situations better.

The methodology used in this article also includes the collection and analysis of qualitative data from various sources. Official documents, analytical materials, articles and studies were included. The qualitative analysis of the data allowed for the identification of specific examples of mediation, as well as details of their conduct and outcomes.

Thus, in order to gain a comprehensive and in-depth understanding of the role of mediation in international conflict resolution, the author has applied the methodology in this article by combining different approaches.

RESULTS AND DISCUSSION. The role of mediation in international conflict resolution is one of the most important topics in international relations. Mediation has become a widely used tool to resolve conflicts that can threaten regional peace and stability and create tension between states. Mediation can help parties reach mutually acceptable outcomes and maintain peaceful relations.

It is also important to note that mediation can save significant resources, both financial and human, that can be directed to other areas of development. In addition, mediation can help the parties to reach a fairer and more equitable resolution of a conflict than can be achieved through litigation or the use of force.

International conflict mediation is an effective tool in resolving complex conflicts such as international armed conflicts, border conflicts and others (Camp, 2020, р. 136). It can also facilitate dialog between different cultures and peoples, which can reduce the risk of future armed conflicts.

Thus, the role of mediation in international conflicts is crucial to preserving world peace and stability, as well as to achieving fair and equitable solutions that can benefit all parties.

We will analyze the mechanisms of using mediation in international conflict resolution, define its role in this process and identify the factors that influence the success of mediation, and thus determine the advantages and limitations of mediation in the context of international conflicts, as well as analyze the strategies used by third parties in mediation (Meskill, 2021, p. 63].

Definition of mediation and its application in international conflict resolution.

Mediation is a conflict resolution process in which an independent third party, the mediator, helps the parties reach a mutually beneficial solution. The mediator does not take sides in the conflict, but acts as a neutral facilitator, promoting dialog and mutual understanding.

Mediation is a conflict resolution process in which an independent third party, called a mediator, helps the parties to a conflict to reach a mutually acceptable agreement. The mediator acts as a facilitator, facilitating communication and dialog between the parties and helping them find compromises and solutions that are in their best interests (Hopkins, 2017, p. 124).

Mediation is widely used in the resolution of international conflicts. In such conflicts, the parties involved may be States, international organizations, ethnic or religious groups (Barkai, 2022, p.78). Mediation helps prevent the escalation of violence, reduces tensions and promotes peaceful resolution.

Mediation in international conflicts is based on the principles of fairness, respect and trust. The mediator does not take sides or impose his or her own solution, but helps the parties to find a mutually acceptable agreement, taking into account their interests and needs and ensuring the sustainability of the resulting solution.

One of the advantages of mediation in international conflict resolution is its flexibility and ability to adapt to different contexts. Mediators can use various methods, such as facilitating dialogue, applying legal norms and creating platforms for discussion, to promote harmony and reduce tensions between the parties.

In international relations, mediation plays an important role in resolving conflicts between States, international organizations and other actors*. It helps to reach a compromise and preserve relations between the parties, as well as to reduce the risk of new conflicts. Mediation can be applied in various fields such as politics, economics, trade, ecology, etc.

Note.

*Actors are organizations and individuals who are not members of government or state institutions, but who influence processes in society and international relations. Non-state actors include, for example, non-governmental organizations (NGOs), trade unions, business and media representatives, experts, etc. They can play an important role in conflict resolution and problem solving within their area of expertise. Non-state actors can also contribute to the formation of public policy and exert pressure on governments in favor of certain groups or to achieve specific goals.

An important role of mediation in international conflicts is its ability to empower the parties to make their own decisions and control the outcome (Eddy, Lomax, 2021, p. 117).

The mediator can provide information and expert opinion, but the final decision is made by the parties themselves.

The basic principles of international mediation in the context of international relations include:

• Neutrality and impartiality: The mediator must be neutral and impartial towards the parties to the conflict to ensure the trust and respect of all parties.

• Voluntariness: participation in mediation should be voluntary and the parties should have the right to terminate the mediation process at any time.

• Confidentiality: the mediator should ensure the confidentiality of the mediation process and the protection of information exchanged between the parties.

• Flexibility: Mediation must be flexible to accommodate the unique needs and interests of the parties to the conflict.

• Fairness and equity: the mediator must ensure that both parties have an equal opportunity to express their interests and that the decision resulting from the mediation is fair and satisfactory to all.

• Respect for cultural and religious differences: the mediator should take into account cultural and religious differences between the parties to ensure a more effective mediation process.

In general, the main purpose of international mediation is to help the parties to a conflict reach a peaceful settlement and end the violence.

There are several approaches to mediation in international relations, which may differ depending on the goals, interests and abilities of the mediator, as well as the nature of the conflict and the cultural context.

Some of the most common approaches are (Mosten, Scully, 2016, p. 163) to mediation include:

Facilitation approach: the mediator allows the parties to openly communicate and find common ground, but does not offer concrete solutions or force an agreement.

Transformative approach: the mediator seeks not only to resolve a specific conflict, but also to change the relationship between the parties that led to the conflict.

Result-oriented approach: the mediator focuses on achieving a specific outcome, such as signing a peace agreement or concluding a trade deal.

Culturally adaptive approach: the mediator takes into account cultural differences and adapts his or her mediation style to the cultural context of the parties.

Multiple mediation: a mediator may conduct a series of mediations to make incremental progress towards conflict resolution.

As Jacob Bercovitch J. and Skau S., Elgstrom O. (2003, p. 121] notes - each of these approaches has advantages and disadvantages, and the effectiveness of mediation depends on which approach is chosen for a particular case.

Examples of successful international conflict mediation.

Mediation has played and continues to play an important role in resolving international conflicts such as the conflict in Syria. One example of successful mediation in Syria is the Geneva Communique signed on 30 June 2012 by representatives of the international group “Friends of Syria”, which includes more than 100 countries and organizations. The communique contained a plan for a political settlement of the conflict in Syria, including the establishment of a transitional government and the holding of free and fair elections. Representatives of the UN and the League of Arab States acted as mediators in this process.

In addition, mediation also played an important role in ending the fighting in Homs in 2014 (Witten, 2021, p. 25]. The mediators were representatives of the UN and the RCSA, as well as local leaders. Through the efforts of the mediators, a ceasefire was reached, allowing humanitarian organizations to begin delivering humanitarian aid and evacuating civilians.

Another example of successful mediation in international conflicts is the mediation of the conflict between Iran and other countries over Iran's nuclear program. In 2015, an agreement was reached to limit Iran's nuclear program in exchange for the lifting of sanctions. Representatives of China, France, Germany, Germany, Russia, the United Kingdom, the United States, France and the European Union mediated the process.

Examples of successful mediation in various international conflicts include:

1. Settlement of relations between North and South Korea.

In 2018, the leaders of the two Koreas, Kim Jong-un and Moon Jae-in, met on the border of the two countries and agreed on various measures to improve relations between the two countries, including suspending the DPRK's nuclear program and concluding a peace treaty.

2. Settlement of the civil war in Guatemala

In 1996, after years of mediation by the United Nations and other international organizations, an agreement was reached between the Guatemalan government and the rebels. The agreement included political reforms that would help reduce inequality and conflict in the country.

3. Resolution of the conflict between India and Pakistan

In 2018, there was a military incident between India and Pakistan in Kashmir. The situation was resolved with the mediation of Russia. Russia called on both countries to stop hostilities and resolve the conflict peacefully.

4. Conflict Resolution in Sudan.

In 2005, a peace agreement was signed between the Government of Sudan and southern rebels, which was brokered by the African Union and other international organizations.

All these examples emphasize the role of mediation in international conflict resolution and its importance in achieving regional peace and stability.

These examples show that mediation can be an effective tool in resolving international conflicts. It allows the parties to find a compromise solution and avoid direct military confrontation.

In successful cases of international mediation, mediators usually operate according to certain principles and strategies that enable them to resolve the conflict effectively.

For example, mediators often use strategies (Narayan, 2021, p. 258] such as:

Compassion and empathy: Mediators should show compassion for both sides of the conflict and try to understand their point of view. This helps mediators to persuade the parties to resolve the conflict and creates conditions for compromise.

Neutrality: Mediators should remain neutral and not take sides in a conflict. This allows mediators to remain objective and helps the parties to make decisions that are more informed.

Openness and transparency: Mediators should maintain openness and transparency in the mediation process. This allows the parties to the conflict to feel confident and at ease, which builds trust between the parties.

Active listening: Mediators should actively listen to the parties to the conflict and try to understand their interests, needs and concerns. This helps mediators find common ground and seek solutions that take into account the interests of both sides.

Finding compromise: Mediators should help the parties to the conflict to find compromise solutions that satisfy the interests of both sides. This allows the parties to save face and not feel defeated in the conflict.

Taking local culture and historical context into account: Mediators should take into account the local culture and historical context of the conflict (Russell, 2022, p. 84). This helps mediators better understand the parties to the conflict and seek solutions that are appropriate to local conditions and cultural norms.

Challenges and limitations of mediation in international conflicts.

Mediation, like any other method of conflict resolution, has its limitations and may not always be effective. One of the main limitations of mediation is that it is not legally binding on the parties (Coleman, Marcus, 2014, р. 632).

This means that agreements reached through mediation are not enforceable and may be violated by the parties in the future.

Mediation is also not always suitable for conflict resolution, especially in cases where the parties are unwilling to negotiate with each other. For example, mediation may not be useful if one party insists on its rights and is not ready to compromise.

Mediation in international conflicts is an important tool for finding peaceful solutions and preventing the escalation of violence. However, despite its importance, mediation also faces a number of challenges and constraints that can make successful conflict resolution difficult.

One of the main problems of mediation is the unwillingness or unwillingness of the parties to a conflict to participate in the mediation process. This can be due to mistrust, a desire to achieve total victory or advantage, as well as political or ideological reasons.

International conflicts often involve deep political, ethnic or religious divisions, making mediation a complex process. Internal dynamics, including complex relationships between different groups or factions, can create obstacles to reaching agreement.

Mediation in international conflicts requires a significant investment of time, resources and effort. The effectiveness of the mediation process may also be affected by restrictions on the availability of the mediator or limited financial resources.

Another limitation of mediation is that it cannot be used in cases where the conflict involves national interests or ideological differences. For example, mediation may not be effective in resolving a conflict between two states with opposing ideologies.

In addition, mediation may not be effective if the conflict involves violence or human rights violations. In such cases, it may be necessary to use other methods, such as international law or force.

Despite these limitations, mediation remains one of the most effective and peaceful methods of conflict resolution in international relations.

Some examples of the limitations of international conflict mediation include:

The parties' disagreement to participate in mediation or to choose a particular mediator.

Immediate threat of violence or human rights violations that may prevent the parties from participating in mediation or complicate the process.

Inequality of power and resources between the parties, which can lead to imbalances in the mediation process (McCorkle, Reese, 2018, p. 131).

The deep historical, cultural or religious vulnerability of the conflict, which can make its resolution more difficult and time-consuming.

Lack of strong international support for mediation or implementation of the agreement.

Insufficient willingness of the parties to compromise and reach agreements, which may hinder conflict resolution.

Limited time, availability and resources for mediation and consensus building between parties.

These are just some of the many possible limitations of mediation in international conflicts, and each conflict has its own unique characteristics and complexities.

One example of the limitations of mediation in resolving international conflicts is the conflict in Syria. Despite the efforts of various international organizations and States, the mediation process has not led to a full settlement of the conflict.

Another example is the conflict between Israel and Palestine. Despite the involvement of many mediators and various attempts to resolve the conflict, it is still unresolved.

We can also recall the conflict in Ukraine, where, despite the participation of mediators and numerous negotiations, the conflict has not been finally resolved.

In addition, limitations to mediation may arise from a lack of mutual willingness of the parties to engage in mediation, or from deep historical, cultural or religious differences that make it difficult to find a compromise.

Mediation of international conflicts can face a number of challenges that can complicate the conflict resolution process (Golann, Folberg, 2021, p. 182).

Below are some of the most common problems:

* Lack of consent to participate in mediation.

Some countries or parties to a conflict may not agree to participate in mediation, preferring to use other methods of conflict resolution.

• Inequality of arms.

If one party to a conflict is stronger and more influential, this can create inequality in the mediation process and lead to an unfair outcome.

• Mismatch of cultural differences.

Differences in culture and customs can lead to difficulties in understanding and assessing the situation by the parties to the conflict and the mediator, which can complicate the mediation process.

• The inconsistency of policy decisions.

If the decisions made in the mediation process are not in the political interests of the parties, this may result in non-compliance with the terms of the agreement.

• Lack of support from the international community.

If the international community does not provide sufficient support and guarantee compliance with the terms of the agreement, it could lead to a breach of the agreements and a resumption of conflict.

An example of the problem associated with mediation in international conflicts is Israel's refusal to participate in UN mediation to resolve the conflict with Palestine, preferring bilateral negotiations. In addition, some countries, such as Russia and the United States, may use mediation as a foreign policy tool, which may lead to undesirable consequences for other parties to the conflict.

Here are some factors that can complicate the mediation process in international conflicts:

Complexity of the conflict: Some conflicts are very complex and multidimensional, which can make mediation difficult. For example, the conflict in Syria, which involves many parties and factions, each with its own interests and demands.

Disagreement: If the parties to a conflict are unwilling to work sincerely with the mediator and with each other, this can lead to difficulties in the mediation process. Some parties may refuse to dialog, insist on their positions, or be unwilling to compromise.

Geopolitical interests: International conflicts can be linked to the geopolitical interests and strategies of major powers, which can complicate the mediation process. For example, a conflict in the Middle East may involve the interests of the United States, Russia, Iran and other states that may use their influence to protect their interests.

Cultural and religious differences: Differences in culture and religion can have a significant impact on the mediation process in international conflicts. Religious beliefs and cultural norms can strongly influence the relationship between the parties and their understanding of the conflict.

Lack of resources: Some mediators may face a lack of resources, such as finance, personnel or information support. This may limit their ability to mediate effectively.

Violation of international law: If the conflict involves a violation of international law, mediation may be futile because the results of mediation will not be legally binding. For example, the conflict between Russia and Ukraine in Donbass involves a violation of international law - Russia's military seizure of legitimate Ukrainian territories.

The role of mediation in international politics

Mediation plays an important role in international politics as an effective mechanism for resolving international conflicts and easing tensions between states. In today's world, where conflicts and disagreements can have global implications, mediation has become an integral part of diplomatic efforts.

One of the main advantages of mediation in international politics is that it helps to preserve peace and prevent the escalation of violence. Mediators play the role of independent facilitators, helping the parties to a conflict to find common interests and compromise. They promote constructive dialogue and help parties to overcome their differences based on the principles of fairness, respect and trust.

Another important aspect of the role of mediation in international politics is its ability to create sustainable and durable solutions. Rather than temporary ceasefires or unilateral solutions, mediation seeks to create sustainable peace agreements that take into account the interests of all stakeholders. This helps to reduce the likelihood of relapse into conflict and create conditions for long-term cooperation.

However, it should be noted that mediation in international politics also faces certain challenges and limitations. Some of them include the lack of willingness of parties to a conflict to engage in mediation, the complexity of interests and dynamics of internal conflicts, lack of time and resources, as well as problems after agreements are reached, such as non-compliance (Eddy, Lomax, 2021, p. 117).

International organizations such as the UN are actively engaged in developing mediation policies and strategies to resolve international conflicts. The UN has a particular focus on mediation and conflict resolution, as evidenced by the numerous resolutions adopted by the UN General Assembly and the UN Security Council.

One of the UN's key strategies is to improve the skills of mediators and the mediation process.

The UN supports mediator training and organizes trainings, seminars and conferences for mediators from around the world.

In addition, the UN tries to bring in mediators from different regions and cultures to ensure more effective conflict resolution. The UN has also established specialized organizations, such as the International Mediation Institute and others, that develop and apply innovative mediation techniques.

However, international organizations such as the UN often face constraints in their operations, such as lack of authority or limited funding. In addition, conflict mediation can be difficult due to the political complexity and intransigence of the parties.

Nevertheless, the UN and other international organizations continue to play an important role in resolving international conflicts through mediation, using their weight and authority in the international community to engage parties in negotiations and find compromise solutions.

State and non-State actors play an important role in the use of mediation in international relations. They can participate in mediation as parties to a conflict, third parties or mediators.

State actors, such as Governments and intergovernmental organizations, may use mediation to resolve conflicts between States or groups of States. They may be parties to a conflict and invite third parties or mediators to participate in the mediation process (Kai, 2016]. State actors can also support the use of mediation in international conflicts, for example, by funding mediators or establishing mediation centers.

Non-State actors, such as non-governmental organizations, can use mediation to resolve conflicts between States, groups or individuals. They can act as third parties or mediators and help parties to a conflict to resolve the dispute.

In addition, State and non-State actors may cooperate with each other in the use of mediation in international relations. For example, intergovernmental organizations may cooperate with nongovernmental organizations to support mediation in international conflicts.

State and non-State actors thus play an important role in the use of mediation in international relations. They can use mediation to resolve conflicts, participate in the mediation process as parties to the conflict or third parties, and support the use of mediation in international conflicts.

Mediation is an important tool in international conflict resolution. Examples of successful mediation show that it can be an effective way to reach an agreement between parties to a conflict. However, mediation has its limitations and may not always lead to a full and satisfactory resolution of a conflict.

An important factor in effective mediation is the legitimacy and credibility of all parties to the conflict (Menkel-Meadow, Porter, Schneider, 2020].

In addition, mediation should be based on the principles of neutrality, impartiality, confidentiality and integrity.

The use of mediation also depends on the nature of the conflict. In some cases, such as when the conflict involves deep political differences or religious divisions, mediation may be less effective. In these cases, additional work may be required to establish dialogue between the parties and build trust.

It is also important to realize that mediation is not a one-size-fits-all solution for all international conflicts. In some cases, such as when one of the parties is not interested in finding a compromise or when the conflict involves violence and human rights violations, mediation may not lead to the desired outcome.

Thus, the effectiveness of mediation in resolving international conflicts depends on many factors and requires a comprehensive approach. Despite its limitations, mediation remains an important tool in international relations and can contribute to long-term peace and stability.

To summarize, we can draw conclusions about mediation of international conflicts in the world:

Mediation is an important tool in resolving international conflicts, enabling the parties to reach an agreement and maintain peaceful coexistence. The basic principles of international mediation include independence, neutrality, confidentiality, voluntariness and fairness.

In international conflicts, mediation can only be effective if all stakeholders are willing to participate in the process and adhere to the principles established by the mediator. Different approaches can be used in the international mediation process, such as transformational, problem-based, interest- based, legal, etc. In international conflicts, third parties can play an important role in the mediation process as they can additionally provide neutrality, technical assistance, resources and expertise.

Despite the advantages of mediation in resolving international conflicts, there are certain limitations and problems associated with its use, such as unwillingness of the parties to participate, lack of trust, differences in culture and religion, and others. International organizations, such as the UN, are actively using mediation in international conflict resolution and are developing their own policies and strategies in this area.

Ultimately, the effectiveness of mediation in resolving international conflicts depends on various factors, including the level of trust between the parties, the qualifications of mediators, the support of third parties and other factors. Overall, however, mediation remains an important tool for achieving peaceful coexistence in the world.

Armed conflicts are both a precedent and a legal issue. Since 1945, the UN Charter has prohibited the use of force between states, except in self-defense when attacked. Nevertheless, until 2010, there was no legal definition of aggression in international criminal law. Nor is there an international legal definition of armed conflict as such. Since 1949, article 2, common to the four Geneva Conventions, has defined an international armed conflict entailing the application of humanitarian law. Article 3, common to all the Geneva Conventions (common article 3), establishes the minimum rules applicable in non-international armed conflicts, but does not specify the definition of the conflicts themselves. The 1977 Additional Protocol I to the Geneva Conventions, as well as the jurisprudence of international courts, expanded the definition of international armed conflicts and offered criteria for interpreting this definition.

Examining international conflicts, the following examples can be cited:

1. The conflict between Israel and Palestine:

• For many years, this conflict has been characterized by violence and discontent on both sides.

• A multitude of international actors such as the UN and the US have tried to mediate this conflict.

• However, no final agreement has yet been reached and the conflict continues.

2. Syrian Civil War:

• This conflict started in 2011 and has since caused massive casualties and destruction in the region.

• Multiple international actors, including Russia, the US and others, have tried to engage in mediation and find a political solution.

• However, the conflict continues and resolution remains a challenge.

3. Armed conflict in Ukraine that escalated into war:

• This war was unleashed by Russia, which seized the ancestral Ukrainian territories of Crimea and eastern Ukraine.

• A host of international mediators, including the European Union and the OSCE, are involved in settling the war to stop Russia's aggression.

• As a result, peace advocates who are on the side of truth are attempting to use mediation to stop the war and force Russia to the negotiating table based on the one-size-fits-all peace formula described by Ukrainian President Volodymyr Zelenskyy.

Thus, having studied the empirical data, the following conclusions can be drawn:

Mediation can be a complex and long-term process: International conflicts are often long and complex, and resolution requires time and effort on the part of mediators and parties to the conflict.

The role of mediation is variable: The effectiveness of mediation can vary greatly depending on the specific circumstances, mediators and the interests of the parties to the conflict.

Multiple factors influence the outcome of a conflict: The outcome of international conflicts can be influenced by a variety of factors, including political, economic, socio-cultural and geopolitical aspects.

Long-term resolution requires compromise: Often mediation requires parties to a conflict to be willing to compromise and resolve their differences for the sake of peace and stability.

The Importance of Global Engagement: A multitude of international actors play an important role in mediating and resolving international conflicts, and their involvement can be a key factor in achieving peace.

These findings emphasize the complexity and diversity of international conflicts, and the importance of finding peaceful solutions to ensure stability and security in the world.

CONCLUSIONS. Mediation in international conflict resolution plays an important role in resolving international conflicts by providing parties with an opportunity for dialog and compromise solutions. It helps to prevent conflict escalation and reach a peaceful agreement.

Mediation in international conflict resolution plays an important role in achieving peaceful resolution of international conflicts. This study shows that mediation helps to establish dialog, find compromises and prevent conflict escalation. However, the effectiveness of mediation depends on factors such as the availability of an independent mediator and the support of the international community. Despite this, mediation faces limitations such as mistrust and political differences between the parties. Further development of mediation requires the improvement of mediation methods and training of mediators, as well as the creation of norms and institutional mechanisms to support mediation in international politics. Overall, the article confirms the importance of mediation in international conflict resolution and calls for further research and development in this field.

The effectiveness of mediation depends on several factors, including the availability of an independent and neutral mediator, the support of the international community, including States and international organizations, and the willingness of the conflicting parties to actively participate in the mediation process.

However, mediation also faces a number of constraints and challenges. These include mistrust and aversion between conflict parties, strong political differences and complex historical circumstances. In addition, mediation can be weakened if conflict parties do not adhere to the principles of good faith and cooperation.

The development of mediation in international politics requires further research and improvement of methods and approaches. This includes the development and dissemination of best practices, the education and training of mediators, and the establishment of international norms and institutional mechanisms to support mediation.

This article discusses the role of mediation in international conflict resolution based on the research conducted. The study analyzes various aspects of mediation, including its effectiveness, success factors and challenges it may face. The article analyzes research papers, statistics and practical cases of mediation in international conflicts.

REFERENCES

1. Barkai, J. (2022). Negotiation and Mediation Communication Gambits for Breaking Impasses and More: What Do I Say When I Want To. Independently Published.

2. Bercovitch, J., Skau, С., & Elgstrom, O. (2003). Regional Organizations and International Mediation: The Effectiveness of Insider Mediators. African Journal of Conflict Resolution, 3(1), 111-127.

3. Camp, J. (2020). Start with No: The Negotiating Tools that the Pros Don't Want You to Know. Crown Currency.

4. Coleman, P., & Marcus, E. (2014). Handbook of Conflict Resolution: Theory and Practice. Jossey-Bass.

5. Eddy, В., & Lomax, М. (2021). Mediating High Conflict Disputes. Unhooked Books.

6. Golann, D., & Folberg, J. (2021). Mediation: The Roles of Advocate and Neutral. Wolters Kluwer.

7. Hopkins, B. (2017). Restorative Theory in Practice: Insights into What Works and Why. Jessica Kingsley Publishers.

8. Kai, C. (2016). International Mediation Bias and Peacemaking: Taking Sides in Civil War. Online Information Review, 3(40), 450-454. https://doi.org/10.1108/0IR-02-2016-0046.

9. McCorkle, S., & Reese, M. (2018). Mediation Theory and Practice. Pearson College Div.

10. Menkel-Meadow, C., Porter, L., & Schneider, A. (2020). Mediation: Practice, Policy, and Ethics. Wolters Kluwer.

11. Meskill, K. (2021). Digital Screen Mediation in Education: Authentic and Agentive Technology Practices for Teaching and Learning. Routledge.

12. Mosten, F., & Scully, E. (2016). The Complete Guide to Mediation: How to Effectively Represent Your Clients and Expand Your Family Law Practice. American Bar Association.

13. Narayan, C. (2021). Mediation - Policy & Practice. OakBridge Publishing.

14. Russell, M. (2022). Mediation Matters: Practical Negotiation Strategies from a Nationally Recognized Mediator. Clovercroft Publishing.

15. Witten, D. (2021). Mediation Essentials Toolkit: A Practitioner's Emergency Survival Guide. The Independent.

МАРІЯ ЖОМАРТКИЗИ,

кандидат юридичних наук, школа-ліцей № 101 ім. А. Муслімова (м. Кизилорда, Республіка Казахстан);

РОЛЬ МЕДІАЦІЇ У ВИРІШЕННІ МІЖНАРОДНИХ КОНФЛІКТІВ

Міжнародні конфлікти стають дедалі складнішими і становлять загрозу світовій стабільності та безпеці. У цьому контексті медіація набуває ключового значення як механізм запобігання насильству та пошуку мирного вирішення. Досліджено важливу роль медіації у процесі врегулювання міжнародних конфліктів. Міжнародні конфлікти стають дедалі масштабнішими та затяжними, що вимагає ефективних механізмів їх вирішення для запобігання насильству і зниження напруженості між сторонами. Медіація є ключовим інструментом у вирішенні таких конфліктів, забезпечуючи нейтральне посередництво та створюючи плідну платформу для діалогу.

Проаналізовано різні аспекти посередництва в міжнародних конфліктах, зокрема роль посередників, методи і стратегії, що використовуються для вирішення розбіжностей, а також приклади успішних і невдалих спроб посередництва в історії міжнародних відносин. Наголошено на важливості нейтралітету, довіри та дипломатичних навичок для ефективної медіації.

Досліджено виклики, пов'язані з посередництвом у міжнародних конфліктах, такі як небажання сторін брати участь у медіації, труднощі в забезпеченні виконання домовленостей та зовнішній вплив на процес медіації. Запропоновано шляхи подолання цих викликів, враховуючи посилення міжнародної підтримки медіаторів, використання інноваційних методів та інструментів медіації, а також покращення координації і співпраці між міжнародними організаціями.

Наголошено, що медіація є ефективним інструментом для зниження напруженості між сторонами конфлікту та забезпечення нейтрального посередництва. Розглянуто різні ролі медіаторів, їхні методи і стратегії, що використовуються для сприяння діалогу та досягнення згоди. Наведено приклади успішних і невдалих кейсів медіації в історії міжнародних відносин, виділено ключові фактори, що впливають на успіх цього процесу. Особливу увагу приділено викликам, з якими стикаються медіатори при вирішенні міжнародних конфліктів. Серед них складність встановлення довіри між сторонами, небажання сторін визнавати необхідність посередництва, а також вплив зовнішніх акторів на перебіг і результат посередницьких зусиль. Запропоновано стратегії подолання цих викликів, враховуючи посилення дипломатичних зусиль і використання інноваційних підходів.

Акцентовано на важливості подальших досліджень у сфері медіації та врегулювання міжнародних конфліктів. Наголошено на важливості посилення підтримки медіаторів з боку міжнародних організацій та держав, а також активного впровадження медіаційних підходів у врегулюванні конфліктів задля забезпечення миру та стабільності на світовій арені.

Ключові слова: медіація, міжнародні конфлікти, ескалація насильства, медіаційні технології, історії успіху, міжнародні відносини, миротворчість.

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