March 10, 2005

YUP, HE CHANGED THE TREATY:

U.S. Says It Has Withdrawn From World Judicial Body (ADAM LIPTAK, 3/10/05, NY Times)

Prompted by an international tribunal's decision last year ordering new hearings for 51 Mexicans on death rows in the United States, the State Department said yesterday that the United States had withdrawn from the protocol that gave the tribunal jurisdiction to hear such disputes.

The withdrawal followed a Feb. 28 memorandum from President Bush to Attorney General Alberto R. Gonzales directing state courts to abide by the decision of the tribunal, the International Court of Justice in The Hague. The decision required American courts to grant "review and reconsideration" to claims that the inmates' cases had been hurt by the failure of local authorities to allow them to contact consular officials.

The memorandum, issued in connection with a case the United States Supreme Court is scheduled to hear this month, puzzled state prosecutors, who said it seemed inconsistent with the administration's general hostility to international institutions and its support for the death penalty.

The withdrawal announced yesterday helps explains the administration's position.

Darla Jordan, a State Department spokeswoman, said the administration was troubled by foreign interference in the domestic capital justice system but intended to fulfill its obligations under international law.


You knew that was coming.

Posted by Orrin Judd at March 10, 2005 12:00 AM
Comments

U.S. out of U.N.
U.N. out of U.S.

Posted by: Robert Schwartz at March 10, 2005 3:46 AM

Does anyone know of a cause, other than stupidity and negligence, of NOT allowing an alien prisoner to contact his consulate?

Posted by: Lou Gots at March 10, 2005 4:30 AM

What will Justice Kennedy say?

Posted by: Twn at March 10, 2005 7:47 AM

Lou,

In fact, police officials were, almost without exception, unaware of the requirements of the Vienna treaty until just a few yeaars ago.

Posted by: Dan at March 10, 2005 10:53 AM

If these are illegal aliens they may have reason to withhold their status until late in the process, thinking the charges won't stick.

Posted by: Ripper at March 10, 2005 9:35 PM

I get an almost indecent amount of pleasure in anticipating the screeching from the ususal sources in the chattering classes about this decision. Get some popcorn; this is going to be good.

Posted by: Tom at March 11, 2005 8:56 AM

I'm sure that American drug traffickers in Thailand and Mexico get their consular rights all the time. (sarcasm intended)

The police have better things to do than worry about diplomatic niceties, more apropos to an age when nobody travelled.

Posted by: Bart at March 11, 2005 9:49 AM
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