Jurist

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.

DoD transfers Gitmo detainee to Saudi Arabia

The US Department of Defense (DoD) announced Sept. 22 that it had transferred Guantánamo Bay detainee Abdul Shalabi. Shalabi, who likely was a bodyguard for Osama Bin Laden, was transferred to the government of the Kingdom of Saudi Arabia after a Periodic Review Board determined in June that, although he may still sympathize with extremists, his continued detention did "not remain necessary to protect against a continuing significant threat to the security of the United States." Today 114 detainees remain at Guantánamo Bay.

Brazil: party official sentenced in Petrobras scandal

A Brazilian court on Sept. 21 sentenced former treasurer of the country's governing Worker's Party Joao Vaccari Neto to 15 years and four months in prison for charges stemming from his connection to the Petrobras  corruption scandal. Vaccari was found guilty of corruption, money laundering and conspiracy, having accepted at least $1 million in bribes from the oil company, which is partially owned by the Brazilian state. Former Petrobras director of services Renato Duque was sentenced to 20 years and eight months after being convicted of making 24 payments totaling 4.2 million reals to the Worker's Party from 2008-2010 at Vaccari's request. Investigating federal judge Sergio Moro found that the money laundering had an impact on the democratic process. Both Vaccari and Duque have denied the charges.

Sri Lanka rejects UN call for war crimes probe

Sri Lankan Prime Minister Ranil Wickremesinghe on Sept. 22 rejected a UN recommendation for international involvement in its investigation into alleged war crimes. The UN released a report earlier this month finding that war crimes may have been committed during the Sri Lankan civil war, encouraging creation of a hybrid special court to handle the matter. Wickremesinghe stated there was nothing to be gained by international involvement, rejecting the idea that the inquiry would be hybrid. Sri Lankan President Maithripala Sirisena has vowed to bring war criminals to justice, with his government announcing plans to set up a truth commission, war reparations office and commission on missing people. Despite this, members of the Tamil minority have expressed distrust in a purely domestic inquiry.

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