The United States Interaction with the International Court of Justice Over Consular Rights: How Our Refusal to Obey Is Impacting Foreign Nationals and American Citizens
On January 9, 2003, Mexico initiated proceedings before the International Court of Justice against the United States of America concerning the alleged violations of Articles 5 and 36 of the Vienna Convention; basically, claiming that the United States is not honoring the consular rights of foreign nationals within the United States . While the proceedings of this case continue on, as they will into 2004, it is engaging and instructive to look at the realities of consular notification in the United States. I have chosen to focus on Mexican and American interactions not just because they are the two countries involved in the case before ICJ, but because the countries are so close, and because the issue arises so frequently. According to Mark Warren, director of Human Rights Research, an Ottawa, Canada-based company that monitors international developments regarding the death penalty, “there are more then 50 Mexican citizens under sentence of death in the US, many of whose cases, in fact, Mexico would argue all of them, involve violations of international law” (personal interview, 10/6/03). Through an examination of the Vienna Convention on Consular Relations (VCCR), American interpretation of this treaty, the role of Mexican consulates in America, and the worldwide repercussions of American actions, I hope to broadly discuss this topic and possible solutions. It is further instructive to investigate the United States interactions with the World Court in previous cases, and possible implications of sub-par consular notification with respect to the current, post-9...
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