Execution of Foreign Nationals in Arizona: Violations of the Vienna Convention on Consular Relations
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THE EXECUTION OF FOREIGN NATIONALS IN
ARIZONA: Violations of the Vienna
Convention on Consular Relations
Cara S. O'Driscoll*
I. INTRODUCTION
Arizona has violated international law several times. Since the death
penalty was reinstated in 1976, Arizona has executed three foreign
nationals-Jose Villafuerte, a Honduran citizen, and Karl and Walter
LaGrand, German citizens-after failing to notify their home country of their
arrest.' With these notification failures, Arizona and the United States
violated the international Treaty of the Vienna Convention on Consular
Relations (Vienna Convention).2 In the case of Walter LaGrand, the
United States also violated an Order of the International Court of Justice
(I.C.J.).3 It is impossible to know exactly how many times Arizona has
denied individuals consular access, but as of this writing three other foreign
citizens await their execution on Arizona's death row after seeking redress
for violations of the Vienna Convention.4 In each case the violations of the
Vienna Convention are undisputed.
Arizona is not alone in violating international law. There are currently
eighty-two foreign nationals representing thirty nationalities on death row in
* J.D. candidate, Arizona State University College of Law, 2001; B.A., University of
Arizona, 1997. The author would like to thank her family for their endless encouragement and
support.
1. See Mark Warren, Death Penalty Information Center (visited Feb. 14, 2000)
< http://www.essential.org/dpic/foreignnatl.html >.
2 Vienna Convention on Consular Relations, Apr. 24, 1963, 21 U.S.T. 77, 596 U.N.T.S.
261 [hereinafter Vienna Convention].
3. See Vienna Convention on Consular Relations (F.R.G. v. U.S.), 1999 I.C.J. 104
(Indication of Provisional Measures Order of March 3) (last modified Jan. 13, 2000)
<http://www.icj-cij.org> [hereinafter Order]. The International Court of Justice (I.C.J.) is the
primary judicial entity of the United Nations, and is composed of fifteen judges. See THOMAS
BUERGENTHAL, PUBLIC INTERNATIONAL LAW IN A NUTSHELL 75 (1990).
4. See Warren, supra note 1.](ViewImageLocal?handle=hein.journals/arzjl32&div=13&collection=&method=preview&ext=.png&size=3)
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Execution of Foreign Nationals in Arizona: Violations of the Vienna Convention on Consular Relations
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