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38 S. Ill. U. L.J. [i] (2013-2014)

handle is hein.journals/siulj38 and id is 1 raw text is: SOUTHERN ILLINOIS UNIVERSITY LAW JOURNAL Volume 38 Fall 2013 THE 50TH ANNIVERSARY OF THE VIENNA CONVENTION ON CONSULAR RELATIONS ARTICLES VIENNA CONVENTION ON CONSULAR RELATIONS: IN RETROSPECT AND INTO THE FUTURE John B. Quigley ................1... ................1 In the half-century since the adoption of its text, the Vienna Convention on Consular Relations has done great service by providing specificity on the obligations of receiving States to let consuls do their work, in particular their work of protecting co-nationals who find themselves in the receiving State. By virtue of a jurisdictional protocol appended to the Vienna Convention on Consular Relations, the International Court of Justice has been opened to state parties who seek to hold other state parties to their consular law obligations. In recent years, the Vienna Convention on Consular Relations has featured prominently as a protective device for persons arrested on criminal charges outside their state of nationality. The International Court of Justice has given details on the obligations of a receiving State in this situation, thereby making clear how this important protective device must be implemented. RENDERED MEANINGLESS? SECURITY DETENTIONS AND THE EROSION OF CONSULAR ACCESS RIGHTS Mark Warren ........................................... 27 From incommunicado confinement to extraordinary renditions, the harsh countermeasures adopted worldwide in response to the threat of terrorist attacks have profoundly undermined the basic rights of detained foreign nationals. One aspect of these controversial responses merits more attention than it has so far received: the widespread denial of timely consular access to foreign detainees suspected of terrorist activities, in breach of the Vienna Convention on Consular Relations and other binding treaty obligations. This Article explores the erosive effect of security detentions on the universality of consular access rights. It includes a survey of bilateral consular agreements and anti-terrorism treaties, two important but often overlooked sources of authority on the contemporary understanding of consular notification and access obligations. The Article also summarizes the corrective recommendations now emerging from public inquiries, foreign service policy reviews, intelligence agencies, and human rights colloquia. This diversity of perspectives offers innovative proposals for rebuilding the essential safeguard of consular protection to meet the rigors of a new and threatening global landscape.

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