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Topic: LaGrand case

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	Encyclopedia: LaGrand Case
		Walter LaGrand's took place in a dramatic context: it was carried out on the face of Germany's claims and despite the Order of the Court calling upon the United States to take all measures at its disposal to ensure his execution be stayed pending the Court's final decision in the matter.
		The problems the LaGrand case raises, however, go beyond the issue of the legal effect of provisional measures and it is only in the wider examination of those problems that a proper analysis of the legal effect of interim measures can be achieved.
		Thus, the case of the LaGrands would have been thoroughly investigated, and essential mitigating evidence, mainly located in Germany, would have been presented at the decisive steps of the criminal proceedings.
	www.nationmaster.com /encyclopedia/LaGrand-Case (1574 words)

	Capital Defense Weekly
		The San Jose Mercury News found after an in-depth study of the 72 cases reversed by state and federal courts since 1987 and 150 appeals now pending in the federal courts that the problems endemic to states known for spending less on capital cases, such as Texas and Alabama, are endemic in California cases.
		In LaGrand, the ICJ ruled the application of the rule of procedural default effectively prevented "full effect from being given to the purposes for which the rights accorded under this article [Article 36] are intended." LaGrand, 2001 ICJ 104, ¶ 91.
		Meanwhile, the two deatheligible defendants have moved to have the death penalty aspects dismissed from the case, on the ground, inter alia, that the federal death penalty statute is, for the aforementioned reasons, unconstitutional.
	www.capitaldefenseweekly.com /archives/020429.htm (7664 words)

	Obtaining Consular Assistance for Foreign Nationals
		In the case of an arrest followed by detention, the Department of State would ordinarily expect the foreign national to have been advised of the possibility of consular notification by the time the foreign national is booked for detention.
		LaGrand Court held that an apology was not a sufficient remedy in cases where foreign nationals have not been advised without delay of their rights under article 36, paragraph 1, of the Vienna Convention and have been subjected to prolonged detention or sentenced to severe penalties.
		Review the case file (particularly arrest reports) to ascertain that: the arresting authorities were aware that your client was a foreigner and that they failed to notify him of his right to consular assistance.
	www.capdefnet.org /fdprc/contents/relevant_reading/101001-01.htm (6835 words)

	Press Communiqué 99/7 - Germany brings a case against the United States of America and requests the indication of ... (Site not responding. Last check: 2007-10-21)
		Germany tonight brought a case against the United States of America to the International Court of Justice (ICJ) in a dispute concerning alleged violations of the Vienna Convention on Consular Relations of 24 April 1963 with respect to the case of Mr.
		Karl LaGrand, 35, was executed on 24 February 1999 for the murder of a bank manager during a robbery attempt in Arizona in 1982, in spite of all appeals for clemency and numerous diplomatic interventions at the highest level by the German Government.
		Vice-President Weeramantry exercises the functions of the presidency in the case, as President Schwebel is a national of the United States.
	www.icj-cij.org /icjwww/ipresscom/iPress1999/ipresscom9907_19990302.htm (402 words)

	Info and facts on 'LaGrand case' (Site not responding. Last check: 2007-10-21)
		Hours before Walter LaGrand was due to be executed, Germany applied for the Court to grant provisional measures proprio motu
		With respect to Germany's case against the United States, it held that the doctrine of procedural default was not incompatible with the Vienna Convention, and that even if procedural default did conflict with the Vienna Convention it had been pre-empted by later federal law,
		The United States Department of State (additional info and facts about United States Department of State) also conveyed the ICJ's provisional measure to the Governor of Arizona without comment.
	www.absoluteastronomy.com /encyclopedia/l/la/lagrand_case1.htm (865 words)

	Consular Rights in the United States - Foreign Nationals - the International Justice Project
		Born in Augsburg, Germany, the LaGrand brothers were taken to the United States (US) as children in the 1960s by their German mother and American stepfather.
		The German consulate was made aware of the case in 1992 -- a decade after the murder and eight years after the pair were convicted.
		As the ICJ was interpreting the provisions of a multilateral treaty with over 160 nations party to the document, therefore, the ruling establishes the authoritative interpretation of the rights conferred under Article 36 for all nationalities and nations.
	www.internationaljusticeproject.org /nationalsLaGrande.cfm (1060 words)

	Germany v. United States : Verbatim Record - CR 2000/31 - 17 November 2000 (Site not responding. Last check: 2007-10-21)
		In their attempt to explain away Germany's ignorance as to the legal significance of the LaGrands' German nationality, Germany claims that the letter of 17 March 1993 was to an investigator and not to Karl LaGrand's attorney.
		With respect to causation, Germany has not borne its burden of proof to show that the execution of the LaGrand brothers, as it appears as a subject of each of Germany's first two submissions and as a predicate for part of the fourth submission, was caused by a breach of the Vienna Convention.
		In the latter case, the European Court stated that: "the very language of the request made in the present case confirmed its non-binding character" and that and I quote: "the question whether interim measures indicated by international tribunals are binding is a controversial one and no uniform legal rule exists"
	www.lawschool.cornell.edu /library/cijwww/icjwww/idocket/igus/iguscr/igus_icr2000-31.html (11395 words)

	Worldandnation: U.N. court condemns U.S. over execution
		The case grew out of the first-degree murder convictions of brothers Karl and Walter LaGrand, who moved to the United States from Germany in 1967 as children but never gave up their German nationality.
		The LaGrand case was watched closely in Germany and other countries of the European Union, where the death penalty is illegal.
		Although the case at hand is limited to the consular rights of German nationals arrested for serious crimes in the United States, the effect of the decision could be much broader.
	www.sptimes.com /News/062801/news_pf/Worldandnation/UN_court_condemns_US_.shtml (600 words)

	LaGrand Case (Germany v. United States of America) - Global Policy Forum - International Justice (Site not responding. Last check: 2007-10-21)
		It recalls that the brothers Karl and Walter LaGrand - German nationals who had been permanently residing in the United States since childhood - were arrested in 1982 in Arizona for their involvement in an attempted bank robbery, in the course of which the bank manager was murdered and another bank employee seriously injured.
		The LaGrands being German nationals, the Vienna Convention on Consular Relations required the competent authorities of the United States to inform them without delay of their right to communicate with the consulate of Germany.
		By that stage, the LaGrands were precluded because of the doctrine of "procedural default" in United States law from challenging their convictions and sentences by claiming that their rights under the Vienna Convention had been violated.
	www.globalpolicy.org /wldcourt/icj/2001/german.htm (896 words)

	World Court Digest (Site not responding. Last check: 2007-10-21)
		The brothers LaGrand had lived for a long time in the United States and therefore the authorities of Arizona had claimed to be unaware of the German nationality of Karl and Walter LaGrand in 1982 when the brothers were convicted for murder.
		As the Court found that the circumstances of the case required it to indicate, as a matter of greatest urgency, provisional measures it unanimously urged the United States to take all measures at its disposal to prevent the execution of Walter LaGrand and to inform the Court of the measures taken to this effect.
		As there remained several questions to be resolved despite of the execution of Walter LaGrand, the Court fixed the time-limits for the filing of written pleadings, namely 16 September 1999 for the memorial of Germany and 27 March 2000 for the counter-memorial of the United States.
	www.virtual-institute.de /DE/wcd/wcd.cfm?dec0310.cfm (568 words)

	Due Process and the Right to Life in the Context of the Vienna Convention on Consular Relations: Arguing the LaGrand ... (Site not responding. Last check: 2007-10-21)
		Perhaps most importantly, though, is to note that the LaGrand case is the first case to reach the merits stage where the International Court of Justice has been expressly requested to rule on the international responsibility incurred by a state on account of failure to comply with an Order for provisional measures.
		First, the jurisdiction of the Court in this case was not subject to controversy and, second, from the beginning of the case, the United States acknowledged breach of the Vienna Convention on Consular Relations to the detriment of Germany.
		As in the case of the Inter-American Court of Human Rights, whose power to provide for legally binding interim measures rests on a treaty (the American Convention on Human Rights), the ICJ's power to provide for interim measures is equally based on a treaty (its own Statute).
	www.ejil.org /journal/Vol12/No2/sr2-05.html (1812 words)

	USA Death Penalty Draws International Rebuke (Site not responding. Last check: 2007-10-21)
		The ruling by the International Court of Justice (ICJ) in the LaGrand Case means that the USA cannot continue ignoring its international obligations when applying the death penalty, Amnesty International said.
		This could have been the case for Walter LaGrand, in whose favour the Court made an order for the USA to take all measures at its disposal to ensure that he was not executed pending the Court's ruling on the case.
		Amnesty International has documented many cases in which this violation of guaranteed consular rights had a devastating impact on the effectiveness of the defendants' legal representation when on trial for their lives.
	www.progress.org /archive/death16.htm (606 words)

	Fight the Death Penalty in USA (Site not responding. Last check: 2007-10-21)
		Germany, which abolished its death penalty, filed the case at the court, formally known as the International Court of Justice, after Karl LaGrand, 353, was executed Feb. 24, 1999.
		The court asked for a delay in the proceedings against Walter LaGrand, 37, until the case could be heard, but the request was ignored by state authorities; he was executed March 3, 1999.
		The LaGrands were born in Augsburg, Germany, and moved to southern Arizona as children after their mother married an American serviceman.
	www.fdp.dk /uk/lagrand.htm (887 words)

	iGUS: SUMMARY - The LaGrand Case(Germany v. United States of America)- Summary of the Order (Site not responding. Last check: 2007-10-21)
		Germany bases the jurisdiction of the Court on Article 36, paragraph 1, of the Statute of the Court and on Article I of the Optional Protocol concerning the Compulsory Settlement of Disputes, which accompanies the Vienna Convention on Consular Relations ("the Optional Protocol").
		It asks the Court moreover to consider its request as a matter of the greatest urgency "in view of the extreme gravity and immediacy of the threat of execution of a German citizen".
		The Court observes that in its Application Germany stated that the issues in dispute between itself and the United States concern Articles 5 and 36 of the Vienna Convention and fall within the compulsory jurisdiction of the Court under Article I of the Optional Protocol.
	www.lawschool.cornell.edu /library/cijwww/icjwww/idocket/igus/iGUS_summaries/iGUSsummary19990305.htm (912 words)

	Consular Assistance and Rights and Remedies: Comments on the ICJ's Judgment in the LaGrand Case (Site not responding. Last check: 2007-10-21)
		Although the arresting authorities were aware of the foreign nationality of Karl and Walter LaGrand, they did not inform the two brothers of their rights under the 1963 Vienna Convention on Consular Relations (hereinafter the `Consular Convention' or CC) to seek consular assistance.
		On 2 March 1999, hours before Walter LaGrand's execution was scheduled, Germany instituted proceedings with the ICJ for breach of the Consular Convention.
		Its application was accompanied by a request for interim protection, including a stay of the execution of Walter LaGrand pending the consideration of the case before the ICJ.
	www.ejil.org /journal/Vol13/No5/sr1-01.html (877 words)

	Press Communiqué 99/12- LaGrand Case(Germany v. United States of America) Fixing of time-limits for the filing of ... (Site not responding. Last check: 2007-10-21)
		Germany instituted proceedings against the United States on 2 March 1999, alleging violations of the Vienna Convention on Consular Relations of 24 April 1963 with respect to the case of Karl and Walter LaGrand, two German nationals convicted of murder in Arizona.
		It maintains that they "were tried and sentenced to death without being advised of their rights to consular assistance", as required by the Vienna Convention.
		Karl LaGrand, 35, was executed on 24 February 1999.
	www.u-paris2.fr /cij/icjwww/ipresscom/iPress1999/ipresscom9912_igus_19990308.htm (251 words)

	University of Michigan Law School: Prospective Students (Site not responding. Last check: 2007-10-21)
		The case involves two German nationals who were tried and ultimately executed in Arizona without being informed of their right to assistance from the German Consulate as required by the Vienna Convention on Consular Relations.
		The case was not explicitly about the viability of the death penalty in international law, but it took place in the context of an intense worldwide controversy over capital punishment.
		The Flores case was the immediate backdrop for the ICJ’s consideration of the LaGrand matter, heightening the drama of the proceedings.
	law.umich.edu /prospectivestudents/admissions/our-students/hague.htm (2559 words)

	CNN.com - Court rules U.S. broke rights laws - June 27, 2001
		The consulate was made aware of the case in 1992 -- 10 years after the murder of the bank manager in a bungled bank robbery in 1982 and eight years after the pair were convicted.
		Walter LaGrand was executed on 3 March 1999, despite the court making an interim order asking the U.S. to take all necessary measures to postpone the execution until the case had been resolved.
		The court found by 13 votes to two that the U.S. breached its obligations by failing to ensure Walter LaGrand was not executed pending the outcome of Germany's case against the U.S. The court said it was the first time that it had been asked to determine the legal effects of its orders.
	robots.cnn.com /2001/WORLD/europe/06/27/germany.court (706 words)

	OSCN Found Document:International Law: Valdez v. State of Oklahoma and the Application of International Law in Oklahoma
		LaGrand was pivotal for Valdez, who relied heavily upon it before the Oklahoma Court of Criminal Appeals, which became one of the first courts _ state or federal _ to consider the decision.
		In the final analysis, the court decided the case based on a questionable reading of section 1089 and then granted relief on an already adjudicated claim based on the court's subjective power to rule that a “miscarriage of justice” had occurred.
		Even if LaGrand is not binding on the Oklahoma Court of Criminal Appeals as a matter of law and Breard does not preclude reliance on LaGrand, the Oklahoma Court of Criminal Appeals could still effectuate the ICJ's rulings through judicial deference to the ICJ or by incorporating LaGrand into the Oklahoma Constitution.
	www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=438145 (12055 words)

	Torres v. Mullin - Foreign Nationals - the International Justice Project
		This case raises important questions concerning the relation between, on the one hand, the domestic law of the United States, and, on the other, decisions of the International Court of Justice interpreting the Convention.
		Mexico points out that it has brought a case before the International Court of Justice in which it claims, among other things, that the United States, in convicting and sentencing Torres, has violated the Convention, which, in its view, must apply as part of our domestic law.
		Third, it "is immaterial for the purposes of the present case [i.e., LaGrand] whether" the defendants, had they been informed of their Convention rights, "would have sought consular assistance," whether the foreign nation "would have rendered such assistance," or even "whether a different verdict would have been rendered." ¶ 74.
	www.internationaljusticeproject.org /nationalsOTorres_opinion.cfm (1466 words)

	UNITED STATES OF AMERICA United States of America: A time for action: Protecting the consular rights of foreign ...
		On 3 March 1999, German national Walter LaGrand was executed in the Arizona gas chamber, in open defiance of an order by the International Court of Justice (ICJ) requiring a stay of execution.(2) Arizona had executed Walter's brother, Karl LaGrand, by lethal injection a week earlier, despite appeals for clemency by the German government.
		In other words, while the judgement addresses submissions made by Germany regarding the cases of German citizens not informed of their consular rights, the declaration by the ICJ President clarifies that the principles in the ruling apply to all nationalities.
		In virtually every case, the arresting authorities failed to inform the nationals of their consular rights, often with devastating effect on the quality of their legal representation and the outcome of their trials.
	web.amnesty.org /802568F7005C4453/0/573D601A037DA71880256AA1005C8E7C (6149 words)

	CNN.com - Germany sues U.S. in World Court over Arizona executions - November 13, 2000
		Death penalty cases where the prisoners have not been told of their treaty rights particularly raise the ire of countries like Germany, which consider the death penalty barbaric and "not consonant with civilization," said Helmut Sonnenfeldt, a Brookings Institution scholar and a former international-policy official in the Nixon and Ford administrations.
		In the case of future treaty violations with regards to Germans in the U.S., Germany could seek sanctions and other penalties against the U.S. from the United Nations Security Council, according to Quigley and Warren.
		The LaGrands were born in Germany but raised in southern Arizona, according Pati Urias, spokeswoman for the Arizona attorney general's office.
	edition.cnn.com /2000/LAW/11/13/germany.v.us.pol (1865 words)

	[No title]
		Background information/History of the case The case of the Lagrand brothers was formally put to court by Von Puttkamer, Ambasador of the Federal Republic of Germany, on March 2, 1999, though its history goes back to more than fifteen years ago.
		Karl Lagrand was arrested for shoplifting when he was nine years of age, and both of them started a fire that caused $20,000 damage on a golf course when the family was living in Texas at a military post.
		On the specifics of the case It is imperative to clarify that the purpose of the present court is not to judge whether the trial of the LaGrand brothers was a fair trial or if it failed to be so, or whether they indeed commit the crimes they were charged for.
	www.cegs.itesm.mx /munterrey2004/prepas/comites/topicos/ICJ2004A.doc (3306 words)

	Medellin, Jose v. Dretke, Doug, Dir., Texas Department of Criminal Justice, Correctional Institutions Div. - Medill ...
		In January, 2003, as Medillin’s case was pending in district court, the Mexican government initiated proceedings in the International Court of Justice against the United States, alleging violations of the Vienna Convention in the cases of Medellin and 53 other Mexican nationals who had been sentenced to death in state criminal proceedings.
		“In the LaGrand case, which was similar to the Medellin case except that it involved German nationals from Virginia, the Supreme Court held that although the mistake was regrettable, it was a harmless error and the petitioner would have been convicted anyway,” Brown said.
		The Medellin case is before the Supreme Court after the ICJ made its decision, so the legal significance is whether judgments made in the ICJ have any bearing on United States law.
	docket.medill.northwestern.edu /archives/002052.php (1759 words)

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