More just lately, within the Avena decision, the ICJ ordered the United States to review the instances of 51 Mexican nationals convicted of capital crimes. All of these people had been represented by counsel and had or may have a number of alternatives to hunt judicial review of their convictions and sentences. All of their legal professionals had cause to know of the Vienna Convention and how it affected their shoppers. But all had failed to present the grievance about violation of the Vienna Convention to the trial courtroom in a well timed method. The ICJ, nonetheless, declined to acknowledge the U.S. rule requiring timely presentation of a protection in the course of the course of a legal trial – a rule that stops defendants and their legal professionals from abusing the system to impede and delay the administration of justice.
Some might even see our concerns in regards to the potential difficulties in these treaties as excessively scrupulous. Certainly if the U.S. have been to take the approach of “be part of now and worry about complying later,” there may be more international law. If treaties do not create clear and critical obligations, however solely express good intentions, they lose their capability to encourage states to depend on each other. I imagine that our strategy leads to stronger and more effective worldwide cooperation in the face of real world problems. Ironically, this rigorous strategy is usually seen not as a mark of seriousness, but as a sign … Read More