LaGrand (Germany v. United States of America)

Date of Judgement:  27 June 2001

On 2 March 1999, Germany filed an Application instituting proceedings against the United States of America in a dispute concerning alleged violations of the Vienna Convention on Consular Relations. Germany stated that, in 1982, the authorities of the State of Arizona had detained two German nationals, Karl and Walter LaGrand, who were tried and sentenced to death without having been informed of their rights. In its Judgment of 27 June 2001, the Court found that the submissions of Germany were admissible and that the United States had breached its obligations to Germany and to the LaGrand brothers under the Convention. The Court also pointed out that by failing to take all measures at its disposal to ensure that Walter LaGrand was not executed pending the final decision of the Court, the United States had breached the “legal obligation” incumbent upon it under the Order issued by the Court on 3 March 1999.

Avena as a Challenge to the Federal American Legal System
Research / Publications
Arguing the LaGrand case (M.F. Tinta)Article 36 of the Vienna Convention: private enforcement in American courts after LaGrand (C. Drinan)Consular assistance: rights, remedies and responsibility (C.J. Tams)Consular rights and the death penalty after LaGrand (J. Fitzpatrick)Diplomatic protection and the LaGrand Case (Z. Deen-Racsmány)ICJ judgment on duty to inform detained persons of their right to consular assistance (W.J. Aceves)LaGrand and Avena Establish a Right, but is there a Remedy? (M. Halberstam)LaGrand: a challenge to the U.S. judiciary (J. Quigley)Provisional measures by the International Court of Justice - the LaGrand Case (J.A. Frowein)Questions of international judicial jurisdiction in the LaGrand Case (A. Orakhelashvili)Recognizing guarantees and assurances of non-repetition: LaGrand and the law of state responsibility (C.J. Tams)Symposium: reflections on the ICJ's LaGrand decision The binding nature of provisional measures of the ICJ: the "settlement" of the issue in the LaGrand case (J. Kammerhofer)The clash between U.S. criminal procedure and the Vienna Convention on Consular Relations (J.L. Weinman)The International Court of Justice and the question of sovereign immunity (Kevin Hopkins)The LaGrand case (R. Jennings)The LaGrand case and the individual as a subject of International Law (O. Spiermann)The LaGrand decision (H.S. Schiffman)The right to consular assistance under international law: the LaGrand Case before the ICJ (C. Tams et al.)The unenforceable rights to consular notification and access in the United States (A.N. Bishop)The unreality of international law in the United States and the LaGrand Case (J. Fitzpatrick)Towards the humanization of the Viena Convention of Consular Rights: the LaGrand case before the ICJ (M. Mennecke)World Court Rules Against the United States in LaGrand Case (F.L. Kirgis)
Research/ miscellaneous (Research Document)
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