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  • Essay / The case of the Lagrand brothers

    Regarding the LaGrand case, the Federal Republic of Germany ruled against the United States of America on the basis of a convention which is art. I of the Optional Protocol to the Vienna Convention on Consular Relations concerning the Compulsory Settlement of Disputes of April 24, 1963. The Vienna Convention on Consular Relations and the accompanying Optional Protocol have been ratified by the United States and the 'Germany. According to his art. VIII (1), the Optional Protocol entered into force on March 19, 1967. Two years later, it became binding on the United States on December 24, 1969 and on Germany on October 7, 1971, respectively (INTERNATIONAL COURT OF JUSTICE, 1999). .Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get the original essay. It is important to note that the last sentence of subparagraph (b) of Article 36 (1) states that "those of the receiving State must inform the person concerned without delay to assert his rights" (" The existence of a dispute”.1999). In this case, the United States failed to notify the German consulate of the arrest of the LaGrand brothers, based on the phrase "without delay" in subparagraph (b) of Article 36 (1 ) of the Vienna Convention. The LaGrands were arrested on January 7, 1982, and the ten-year "delay" was ignored by the German Consulate General in Los Angeles and the two German nationals sentenced to death were held in prison until mid -1992. In accordance with art. Article 36 (1) (b) of the Vienna Convention on Consular Relations provides that "if he so requests, the competent authorities of the receiving State shall without delay inform the consular post of the State of dispatch if, in its consular district, a national of that State is arrested or incarcerated or placed in detention pending trial or is detained in any other manner. Keep in mind: this is just a sample. Get a personalized document now from our expert writers. Get a personalized essay Any communication addressed to the consular The mail of the person arrested, in prison, in police custody or in detention will also be transmitted without delay by the said authorities. Such authorities shall without delay inform the person concerned of his or her rights under this paragraph” (Violations of Article 36 of the Vienna Convention on Consular Relations, 1999). Additionally, there is also domestic legislation in the United States called habeas jurisdiction. However, US domestic law is not effective because US authorities have failed to comply with their obligations under the Vienna Convention to inform them of these rights “without delay” (INTERNATIONAL COURT OF JUSTICE, 1999).