Knowledge Archive USA human rights under UN treaty VCCR Behaviour

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This archive deals with the United States’ approach (between 1984 to 2006) to human rights internationally, while under treaty Vienna Convention on Consular Relations- 1963 (VCCR) (or believed it is under treaty) or under commitment to Optional Protocol with the United Nations. The focus is on VCCR Article 36.

ITEMS YEAR DESCRIPTOR
Nicaragua v. USA 1984
  • US withdrew from: (i) ICJ jurisdiction for 2 years, (ii) the VCCR but remained committed to Optional Protocol, and (iii) expressly states commitment to Article 36.
  • ICJ found US guilty for mining of Nicaragua Ports
  • CIA directed land and sea surveillance of Nicaragua
Paraguay v. USA

April 3

April 9

1998

 

April 14

 

  • Paraguay took action against US in ICJ for breach of Article 36
  • ICJ ordered the US not to execute the prisoner until ICJ finding
  • US Secretary of State ordered Virginia State not to execute the prisoner
  • State of Virginia executed prisoner
  • ICJ finds US guilty of breach of Article 36
  • US apologised for mistakes and agreed henceforth to comply with Article 36 and make necessary arrangement for same.
Germany v. USA 2001

1982 June 27

2001

  • German men: Karl and Walter LaGrand arrested in Arizona for capital crimes
  • Walter Executed
  • ICJ ruled against US for repeated breach Article 36 and for executing Walter before ICJ outcome
  • US apologises for mistake
Mexico v. USA 2004
  • Mexico accused US with breaches of Article 36 on 52 Mexican nationals
  • ICJ found against US
US Secretary of State Letter withdrawing from VCCR

2005

March 7

  • US writes to United Nations Secretary-General stating US withdraw from VCCR and its Optional Protocol and from ICJ jurisdiction.
Llamas v. Oregon 2005
  • Oregon State found domestic Courts are not bound by Federal treaties across nations and
  • US President breached Constitutional authority when he directed State Courts to comply with Article 36
Medellin v. Texas 2008
  • Texas State found domestic Courts are not bound by Federal treaties across nations and
  • US President breached Constitutional authority when he directed State Courts to comply with Article 36

 

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