Revolutionary legality and the Burkinabè insurrection

Abstract

ABSTRACTCoup leaders often purport to restore constitutional order. During Burkina Faso's 2014 ‘insurrection', however, Blaise Compaoré's opponents advanced detailed (international) legal arguments that significantly constrained their subsequent conduct. Theirs was to be a legal revolution. This article situates this stance within Burkina Faso's distinctive history of urban protest, whilst emphasising under-analysed international sources for the insurrection. ‘Insurgent’ lawyers, it argues, used international instruments to reinvigorate longstanding activist attempts to reconcile constitutional rights with a language of popular justice promoted by the revolutionary regime of Thomas Sankara (1983–7). After the insurrection, however, their emphasis on legality was used by Compaoré's supporters to expose the transitional authorities’ double-standards. Meanwhile, insurgent lawyers working for the transition had to work hard to reconcile (international) legal justifications for the insurrection with the expedient politics needed to defend the new dispensation.