Jurist
Burkina Faso coup leader to face military justice
The interim government of Burkina Faso on Oct. 1 apprehended the leader of the week-long military coup in September, announcing that he will face military justice. Gilbert Diendere was a general in the national army and the alleged leader of the the group known as the Presidential Security Regiment (RSP). Diendere is associated with another two other coups in the West-African nation, one in 1987 that retains significance for the ideology of the RSP. The 1987 coup marked the start of the 27-year rule of Blaise Compaore. Diendere was Compaore's former chief of staff. The first meeting of the reinstated interim government of Burkina Faso disbanded the RSP and dismissed the ex-minister of security. RSP forces are refusing to disarm. The RSP is incentivized by a recent modification to the electoral code that banned former members of the ruling party from running for political office. The interim government submitted a proposal before the Economic Community of West African States (ECOWAS) in Nigeria 10 days ago. ECOWAS is working with the UN to stabilize the transition government before elections on October 11.
Ex-Gitmo detainee seeks reparations from IACHR
Former Guantánamo Bay prisoner Djamel Ameziane filed a petition (PDF) with the Inter-American Commission on Human Rights (IACHR) seeking reparations from the US government for human rights violations he alleges that he endured while in custody. Ameziane was forcibly returned to his home country of Algeria in December 2013, despite his protests that he would be subjected to persecution based on his ethnic minority status and in violation of IACHR precautionary measures. Ameziane was held for 12 years in Guantánamo Bay without charge and claims he was subjected to physical and psychological abuse there in violation of articles of the American Declaration of the Rights and Duties of Man. The New York-based Center for Constitutional Rights (CCR) is representing Ameziane's case against the government. This filing marks the first time the IACHR will consider a case against US arising from Guantánamo Bay. Ameziane is seeking compensation for the rights violations, the return of money seized from him upon his arrest, and to require the US to "adopt all measures necessary to guarantee the safety and integrity of all men remaining" at Guantánamo.
Guantánamo Bay prisoner to be released to UK
The Obama administration on Sept. 25 notified Congress of its plan to release Guantánamo Bay inmate Shaker Aamer to the United Kingdom next month. Aamer, who was captured in Afghanistan in 2001, is the final British resident held in the United States' military prison. Although he denies association, Aamer allegedly held close ties to Osama Bin Laden and al-Qaeda, and fought in the battle of Tora Bora. Now the Saudi national, who married a British citizen in 1990, will be sent back to the UK in mid-October, following a long run of lobbying by British politicians and celebrities to have Aamer released.
Bolivia: amendment on term limits advances
A Bolivian legislative committee approved a bill on Sept. 22 to amend the constitution to extend presidential terms, allowing current President Evo Morales and his vice president to run for a fourth consecutive term in office. The president's party, Movement Towards Socialism (MAS), has a two-thirds majority in the Legislative Assembly, where the bill will be sent next for approval. If the bill passes the Legislative Assembly, then it will face a national referendum in February. Critics call the bill a move by the party to undermine democracy, but supporters say it will free the people to decide the issue.
World Court may hear Bolivia case on ocean access
The International Court of Justice (ICJ) ruled (PDF) 14-2 Sept. 24 that it has jurisdiction to hear the case between Bolivia and Chile regarding land-locked Bolivia's access to the Pacific Ocean. Bolivia argued to the ICJ that Chile failed in its obligation to negotiate in good faith to grant Bolivia "fully sovereign access" to the Pacific, but Chile filed a preliminary objection that the ICJ had no authority to judge the dispute. The court reached its decision by relying on the Pact of Bogotá, in which Bolivia and Chile both agreed that the ICJ will have jurisdiction over matters regarding breach of an international obligation between American states. The court disagreed with Chile's argument that the dispute was one of territorial sovereignty and held that the subject matter of the dispute was a question of Chile's obligation to negotiate in good faith regarding access to the Pacific, granting the court the possibility of jurisdiction. Since the issue was not already decided by prior arrangement by the parties or by treaty in force at the time of the Pact of Bogotá, the ICJ ruled that it ultimately can hear the case.
Iraq: Yazidis urge ICC genocide investigation
Members of Iraq's Yazidi minority on Sept. 24 submitted a report to the International Criminal Court detailing the crimes committed against their community by militants of the Islamic State (IS) and urged the court to open an investigation. The Yazidi group met with chief prosecutor Fatou Bensouda in The Hague and said the actions taken by IS since August 2014 in Northern Iraq constituted religious genocide against their people. The report includes statements made by human rights organizations which have concluded that IS targets Yazidi people on religious grounds and the UN statement that IS attacks on the Yazidi group may amount to genocide. Former ICC prosecutor Luis Moreno-Ocampo said the court should open preliminary examinations. Although Iraq is not a party to the ICC Rome Statute (PDF), the court could prosecute IS members who are nationals of signatory states.
UN: no short-term end to refugee crisis in Europe
The Office of the United Nations High Commissioner for Refugees (UNHCR) on Sept. 25 announced that the flow of refugees into Europe shows no signs of easing or stopping, as approximately 8,000 refugees a day seek to enter Europe. Amin Awad, the regional refugee coordinator for then UNHCR stated that problems now facing governments may turn out to be only the tip of the iceberg. Awad stated that the UN is planning for the potential displacement of 500,000 people from the Iraqi city of Mosul if Iraqi forces fight to recapture the city from Islamic State. Also that day, the UNHCR reported about the high number of migrants entering Europe along the Serbian-Croatian border. More than 50,000 migrants have entered through the town of Tovarnik, Croatia since mid-September.
HRW: Egypt violated international law in Sinai
Human Rights Watch (HRW) said Sept. 22 that Egypt violated international law during the creation of a "buffer zone" between Egypt and the Gaza Strip. According to HRW, the creation of the buffer zone required demolition of more than 3,200 buildings in the Sinai Peninsula between July 2013 and August 2015, resulting in the displacement and eviction of "thousands of families." The Egyptian government maintains that the buffer zone is necessary to prevent the importation of weapons from the Gaza Strip to separatist rebels in Sinai who are affiliated with the Islamic State. HRW asserts that the manner in which the buffer zone was created violated international law in multiple respects, including treatment of civilians and proportionality under the laws of war, the right to housing contained in the International Covenant on Economic, Social and Cultural Rights, and the right to property contained in the African Charter on Human and Peoples Right. HRW called on the Egyptian government to halt the demolitions in Sinai, provide for adequate compensation of land owners, create a fair resettlement plan for the displaced, and studying whether less destructive means could be employed to neutralize the smuggling tunnels.

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