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International Law Keyed to Damrosche
LaGrand Case (Germany v. United States)
Facts
The Vienna Convention on Consular Relations, Article 36(1)(b), provides that a state trying an alien in a death sentence case must inform the alien of his rights to have his consular authorities informed of the arrest. A suit which claimed the United States law enforcement personnel f ailed to advice aliens upon their arrest of their rights was filed by Paraguay (P), Germany (P) and Mexico (P) at the international Court of Justice. The plaintiffs also claimed that as a remedy for violation of the Vienna Convention, state courts should review and reconsider the death sentences to determine if the lack of consular access prejudiced the aliens. The German’s (P) case involved LaGrand and his brother who were executed before the matter came to the I.C.J. the Court found that the U.S. (D) had breached its obligations to Germany (P) under the Vienna Convention by not giving notice about LaGrand and his brother of right to consular notification, and by failing to provide judicial review of the conviction and sentence.
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