Jurist
UN authorizes operation against migrant smuggling
With a vote of 14 in favor, the United Nations Security Council on Oct. 9 approved a resolution to allow the European Union to inspect and seize vessels suspected of smuggling migrants. Authorized under Chapter VII of the UN Charter, the resolution permits certain nations to board ships in order to prevent human trafficking. Those nations may review vessels they have "reasonable grounds to suspect are being used for migrant smuggling or human trafficking from Libya." The Council also urged nations to help Libya in its ongoing struggle against human trafficking in the Mediterranean Sea.
Pakistan upholds death in blasphemy killing
Pakistan's Supreme Court on Oct. 6 upheld the death sentence of Mumtaz Qadri, a former police guard respected within Pakistan for killing politician Salmaan Taseer over his support for a woman convicted of blasphemy. Taseer, governor of Punjar at the time of his death, was leaving a restaurant in January 2011 when he was shot and killed. Taseer had drawn ire from religious conservative groups when he took up the cause of a Christian woman sentenced to death for insulting the Prophet Muhammed. The next possible step for Qadri will be an appeal for a presidential pardon, which is unlikely to be granted.
Demand special investigation of US air-strike
The discrepancies between the US and Afghan accounts of the US-led bombing that struck a hospital in Kunduz, Afghanistan, last week call for an independent investigation by a never-before-used international body, said Joanne Liu, president of Doctors Without Borders (MSF), in a speech on Oct. 7. Twenty-two people were killed in the MSF-operated hospital that was hit by the US bomb, and dozens more were injured. MSF seeks an investigation by the International Humanitarian Fact-Finding Commission, a permanent body created by the Additional Protocols to the Geneva Conventions and officially constituted in 1991, but has not yet been used because it requires a signatory state to sponsor an inquiry.
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.

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