HK4U
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I think we should all write the world court and tell it to go to H_ _ _.
World Court Says US Defied Order In TX ExecutionTHE HAGUE, Netherlands (AP) ―
The U.N.'s highest court said the U.S. remains obliged to review the cases of about 50 other Mexicans on death row because they were denied access to their consulate after they were arrested.
But it rejected Mexico's request that Washington guarantee that each case will be reviewed and reconsidered.
Both Mexico and the United States said they were satisfied with elements of the decision.
"It was a mixed result," said John Bellinger III, the legal adviser to the State Department.
He said the court refused Mexico's main request to spell out the U.S. obligations toward the arrested Mexican nationals, which likely would have led to heightened demands on the U.S. courts.
But he was "disappointed" the tribunal declined to acknowledge efforts by the Bush administration to comply with international law and with the court's order.
The judgment ended a five-year cascade of proceedings in the wake of a 2004 decision by the same court that the U.S. had violated an international treaty by failing to advise 51 Mexicans of their consular rights. The court required that each case be reviewed to determine whether the lack of diplomatic access could have affected the outcome of their cases.
The U.S. had argued to the tribunal, also known as the World Court, that the federal government had done all it could, but that it had no authority to tell the state courts what to do.
Mexico argued, however, that U.S. obligations to abide by international law also applied to its state governments.
The U.S. Supreme Court ruled last year that President George W. Bush had exceeded his authority when he issued a directive in 2005 to the states to comply with the demand by the U.N. court for a judicial review of all cases.
Following that ruling, Mexico hurriedly petitioned the World Court to stop the impending executions of five of its citizens. The court issued an emergency injunction last July, but three weeks later Texas prison authorities gave a lethal injection to Jose Medellin, convicted of the rape and murder of two teenage girls.
The 12 U.N. judges unanimously ruled the U.S. "has breached the obligation incumbent upon it" in the Medellin case.
Bellinger said that ruling was "not a rebuke or a reprimand. It was simply a finding."
Human Rights Watch urged the incoming administration of Barack Obama to heed the court's ruling and "to show the world that it will respect the rule of law, even when it's politically unpopular at home."
The World Court is the U.N. body that adjudicates disputes among states. Its judgments are binding and cannot be appealed, but it has no enforcement powers.
After the original 2004 decision, the United States withdrew its agreement under the Vienna Treaty, governing the arrest of foreign nationals, to give the Hague court jurisdiction to settle disputes.
Bellinger told The Associated Press that hundreds of thousands of foreign nationals are incarcerated in U.S. prisons, and Washington feared the World Court decision would lead to a flood of litigation.
World Court Says US Defied Order In TX ExecutionTHE HAGUE, Netherlands (AP) ―
The U.N.'s highest court said the U.S. remains obliged to review the cases of about 50 other Mexicans on death row because they were denied access to their consulate after they were arrested.
But it rejected Mexico's request that Washington guarantee that each case will be reviewed and reconsidered.
Both Mexico and the United States said they were satisfied with elements of the decision.
"It was a mixed result," said John Bellinger III, the legal adviser to the State Department.
He said the court refused Mexico's main request to spell out the U.S. obligations toward the arrested Mexican nationals, which likely would have led to heightened demands on the U.S. courts.
But he was "disappointed" the tribunal declined to acknowledge efforts by the Bush administration to comply with international law and with the court's order.
The judgment ended a five-year cascade of proceedings in the wake of a 2004 decision by the same court that the U.S. had violated an international treaty by failing to advise 51 Mexicans of their consular rights. The court required that each case be reviewed to determine whether the lack of diplomatic access could have affected the outcome of their cases.
The U.S. had argued to the tribunal, also known as the World Court, that the federal government had done all it could, but that it had no authority to tell the state courts what to do.
Mexico argued, however, that U.S. obligations to abide by international law also applied to its state governments.
The U.S. Supreme Court ruled last year that President George W. Bush had exceeded his authority when he issued a directive in 2005 to the states to comply with the demand by the U.N. court for a judicial review of all cases.
Following that ruling, Mexico hurriedly petitioned the World Court to stop the impending executions of five of its citizens. The court issued an emergency injunction last July, but three weeks later Texas prison authorities gave a lethal injection to Jose Medellin, convicted of the rape and murder of two teenage girls.
The 12 U.N. judges unanimously ruled the U.S. "has breached the obligation incumbent upon it" in the Medellin case.
Bellinger said that ruling was "not a rebuke or a reprimand. It was simply a finding."
Human Rights Watch urged the incoming administration of Barack Obama to heed the court's ruling and "to show the world that it will respect the rule of law, even when it's politically unpopular at home."
The World Court is the U.N. body that adjudicates disputes among states. Its judgments are binding and cannot be appealed, but it has no enforcement powers.
After the original 2004 decision, the United States withdrew its agreement under the Vienna Treaty, governing the arrest of foreign nationals, to give the Hague court jurisdiction to settle disputes.
Bellinger told The Associated Press that hundreds of thousands of foreign nationals are incarcerated in U.S. prisons, and Washington feared the World Court decision would lead to a flood of litigation.
