Regarding the LaGrand case, the Federal Republic of Germany ruled against the United States of America on the basis of a convention established by art. I of the Optional Protocol to the Vienna Convention on Consular Relations relating to the Compulsory Settlement of Disputes of 24 April 1963. The Vienna Convention on Consular Relations and the Optional Protocol thereto have been ratified by both the United States and Germany. According to its art. VIII (1), the Optional Protocol entered into force on 19 March 1967. Another two years later, it became binding on the United States on 24 December 1969 and on Germany on 7 October 1971 respectively (INTERNATIONAL COURT OF JUSTICE, 1999).Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essay It is important to underline that, pursuant to the last sentence of subparagraph (b) of Article 36 (1), “those of the receiving State shall inform the data subject without delay of his rights” (“The existence of a dispute.”1999). of Vienna. The LaGrands were arrested on January 7, 1982, and despite the ten-year “delay,” the German Consulate General in Los Angeles did not learn of the arrest, the two German citizens sentenced to death were held in prison. until mid-1992. In accordance with Article 36, paragraph 1, letter b) of the Vienna Convention on Consular Relations provided that "upon request, the competent authorities of the receiving State shall inform the consular representation of the State without delay of sending if, in his consular district, a citizen of that state is arrested or placed in prison or in custody awaiting trial or is detained in any other way. Please note: this is just an example. Get a custom paper from our expert writers now. Get a Custom Essay Any communication addressed to the consulate even the mail of the person arrested, in prison, in custody or in detention is transmitted without delay by the said authorities. The said authorities shall inform the interested party without delay of the rights to which he or she is entitled under this paragraph” (Violations of Article 36 of the Vienna Convention on Consular Relations, 1999). Furthermore, there is also the domestic law of the United States that the so-called habeas jurisdiction. However, US domestic law has no effect because the US authorities have failed to comply with their obligations under the Vienna Convention to inform them “without delay” of those rights (INTERNATIONAL COURT OF JUSTICE, 1999).
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