Walter LaGrand
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The LaGrand case was a legal action heard before the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
(ICJ) which concerned the
Vienna Convention on Consular Relations en, Viennese , iso_code = AT-9 , registration_plate = W , postal_code_type = Postal code , postal_code = , timezone = CET , utc_offset = +1 , timezone_DST ...
. In the case, the ICJ ruled that its own temporary court orders were legally binding and that the rights contained in the convention could not be denied by the application of domestic legal procedures.


Background

On January 7, 1982, brothers Karl-Heinz LaGrand (1963–1999) and Walter Bernhard LaGrand (1962–1999) bungled an armed bank robbery in Marana, Arizona, United States, killing 63-year-old Kenneth Hartsock by stabbing him 24 times with a letter opener, and severely injuring 20-year-old Dawn Lopez by stabbing her multiple times. Lopez later said she heard one of the brothers twice say, "Just make sure he's dead." They were subsequently charged and convicted of murder and sentenced to death. The LaGrands also had prior convictions for robbery and burglary, which were used against them during the sentencing phase of their trials. The LaGrands were German nationals, having been born from a German mother in Germany. While they had both lived in the United States since they were four and five, respectively, neither had obtained U.S. citizenship. As foreigners, the LaGrands should have been informed of their right to
consular assistance Consular assistance is help and advice provided by the diplomatic agents of a country to citizens of that country who are living or traveling overseas. The diplomats may be honorary consuls, or members of the country's diplomatic service. Such a ...
, under the Vienna Convention, from their state of nationality, Germany. However, the Arizona authorities failed to do this. The brothers later contacted Consul William Behrens, head of the German Consulate in Phoenix, on their own accord, having learned of their right to consular assistance. They appealed their sentences and convictions on the grounds that they were not informed of their right to consular assistance, and that with consular assistance they might have been able to mount a better defense. The federal courts rejected their argument on grounds of
procedural default Procedural default is a concept in American federal law that requires a state prisoner seeking a writ of ''habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful deten ...
, which provides that issues cannot be raised in federal court appeals unless they have first been raised in state courts. Diplomatic efforts, including pleas by German Ambassador
Jürgen Chrobog Jürgen Chrobog (born February 28, 1940) is a German jurist and former diplomat. He worked in the Foreign Office of West Germany and the reunified Germany and among other diplomatic postings, was Ambassador to the United States from 1995 to 2001. ...
and German Member of Parliament
Claudia Roth Claudia Benedikta Roth (born 15 May 1955) is a German politician (Alliance 90/The Greens). She was one of the two party chairs from 2004 to 2013 and previously served as one of the President of the Bundestag, vice presidents of the ''Bundestag'' ...
, and the recommendation of Arizona's clemency board, failed to sway Arizona Governor Jane Dee Hull, who insisted that the executions be carried out. Karl LaGrand was subsequently executed by the state of Arizona on February 24, 1999, by lethal injection. Walter LaGrand was executed March 3, 1999, by
lethal gas A gas chamber is an apparatus for killing humans or other animals with gas, consisting of a sealed chamber into which a poisonous or asphyxiant gas is introduced. Poisonous agents used include hydrogen cyanide and carbon monoxide. History ...
(upon his request), and currently remains the last person executed by that method in the United States.


The case

Germany initiated legal action in the International Court of Justice against the United States regarding Walter LaGrand. Hours before Walter LaGrand was due to be executed, Germany applied for the Court to grant a provisional court order, requiring the United States to delay the execution of Walter LaGrand, which the court granted. Germany then initiated action in the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
for enforcement of the provisional order. In its judgment,''Federal Republic of Germany et al. vs. United States et al.'', 526 U.S. 111, per curiam the U.S. Supreme Court held that it lacked jurisdiction with respect to Germany's complaint against Arizona due to the Eleventh Amendment of the
U.S. constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
, which prohibits federal courts from hearing lawsuits of foreign states against a U.S. state. With respect to Germany's case against the United States, it held that the doctrine of procedural default was not incompatible with the Vienna Convention, and that even if procedural default did conflict with the Vienna Convention it had been overruled by later federal law – the Antiterrorism and Effective Death Penalty Act of 1996, which explicitly legislated the doctrine of procedural default. (Subsequent federal legislation overrides prior self-executing treaty provisions, ''
Whitney v. Robertson Whitney may refer to: Film and television * ''Whitney'' (2015 film), a Whitney Houston biopic starring Yaya DaCosta * ''Whitney'' (2018 film), a documentary about Whitney Houston * ''Whitney'' (TV series), an American sitcom that premiered i ...
'', ). The
U.S. Solicitor General The solicitor general of the United States is the fourth-highest-ranking official in the United States Department of Justice. Elizabeth Prelogar has been serving in the role since October 28, 2021. The United States solicitor general represent ...
sent a letter to the Supreme Court, as part of these proceedings, arguing that provisional measures of the International Court of Justice are not legally binding. The
United States Department of State The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other n ...
also conveyed the ICJ's provisional measure to the Governor of Arizona without comment. The Arizona clemency board recommended a stay to the governor, on the basis of the pending ICJ case; but the Governor of Arizona ignored the recommendation. Germany then modified its complaint in the case before the ICJ, alleging furthermore that the U.S. violated international law by failing to implement the provisional measures. In opposition to the German submissions, the United States argued that the Vienna Convention did not grant rights to individuals but only to states; that the convention was meant to be exercised subject to the laws of each state party, which in the case of the United States meant subject to the doctrine of procedural default; and that Germany was seeking to turn the ICJ into an international court of criminal appeal.


ICJ decision

On June 27, 2001, the ICJ, rejecting all of the United States' arguments, ruled in favor of Germany. The ICJ held that the Vienna Convention on Consular Relations of April 24, 1963, granted rights to individuals on the basis of its plain meaning, and that domestic laws could not limit the rights of the accused under the convention, but only specify the means by which those rights were to be exercised. The ICJ also found that its own provisional measures were legally binding. The nature of provisional measures has been a subject of great dispute in international law; the English text of the Statute of the International Court of Justice implies they are not binding, while the French text implies that they are. Faced with a contradiction between two equally authentic texts of the statute, the court considered which interpretation better served the objects and purposes of the statute, and hence found that they are binding. This was the first time in the court's history it had ruled as such. The court also found that the United States violated the Vienna Convention through its application of procedural default. The court was at pains to point out that it was not passing judgment on the doctrine itself, but only its application to cases involving the Vienna Convention.


See also

* Capital punishment in Arizona * List of people executed in Arizona *
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* ''
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Linda Carty } Linda Anita Carty (born 5 October 1958) is a Kittitian-American former schoolteacher who is on death row in Texas. In February 2002, she was sentenced to death for the abduction and murder in 2001 of 25-year-old Joana Rodriguez in order to steal ...
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References


External links


Judgments of the International Court of Justice


* ttp://www.asil.org/insights/insigh75.htm ASIL Insight article on LaGrand case
Federal Republic of Germany v. United States, 526 U.S. 111 (1999)
The opinion by the Supreme Court in the matter referenced in the article.
Stewart v. LaGrand, 526 U.S. 115 (1999)
The Companion Case * ''
Breard v. Greene ''Breard v. Greene'', 523 U.S. 371 (1998), is a United States Supreme Court decision decided on April 14, 1998, which placed the United States directly in conflict with the International Court of Justice and has since been used as precedent. Backg ...
''
523 U.S. 317 (1997)
The earlier case of the execution of a Paraguayan on which the LaGrand decisions rest. {{DEFAULTSORT:Lagrand Case Capital punishment in Arizona United States Supreme Court cases International Court of Justice cases 1999 in case law 2001 in case law 2001 in Germany 2001 in the United States
LaGrand Lagrand () is a former commune in the Hautes-Alpes department in southeastern France. On 1 January 2016, it was merged into the new commune Garde-Colombe.Germany–United States relations 2001 in international relations History of Pima County, Arizona Diplomatic immunity and protection treaties United States Supreme Court cases of the Rehnquist Court