The Case Of Lagrand Brothers
The Federal Republic of Germany, in the LaGrand matter, declared against the United States of America based solely on Art. The Optional Protocol of the Vienna Convention on Consular Relations Concerning the Compulsory Resolution of Disputes, 24 April 1963. Both the United States of America and Germany have ratified the Vienna Convention on Consular Relations, as well as the Optional Protocol that accompanies it. In accordance with its art. According to its Art. The United States signed it on 24th December 1969. Germany signed it on 7th October 1971.
It is important to note that the sub-paragraph of article 36(1), sentence (b), states: “Those of the receiving State shall inform the individual concerned of its rights without delay”. (The existence of an dispte.1999). In this situation, the United States didn’t inform the German consulate that the LaGrands had been arrested. This was due to the phrase “without delays” in the subparagraph (b), of article 36.1(1) of Vienna Convention. According to Art. In accordance with Art.
The authorities shall forward any communication sent to the consular post from the person in custody, prison or arrest without delay. The authorities must inform the person concerned of their rights in this paragraph without delay. There is also a United States law that has so-called habeas authority. The United States domestic law is ineffective because it does not comply with the Vienna Convention obligations to inform the United States authorities of their rights “without delays” (INTERNATIONAL Court of Justice, 1999).
