LaGrand Case (Germany v.
United States)
Brief Fact Summary. A suit against the United States (D) was filed by Germany (P) in the International
Court of Justice, claiming the U.S. law enforcement agent failed to advice aliens upon their arrests of their
rights under the Vienna Convention.
Synopsis of Rule of Law. A state that breaches its obligations to another under the Vienna Convention on
Consular Relations by failing to inform an arrested alien of the right to consular notification and to provide
judicial review of the alien’s conviction and sentence also violate individual rights held by the alien under
international law.
Facts. The Vienna Convention on Consular Relations, Article 36(1)(b), provides that a state trying an alien
in a death sentence case must inform the alien of his rights to have his consular authorities informed of
the arrest. A suit which claimed the United States law enforcement personnel f ailed to advice aliens upon
their arrest of their rights was filed by Paraguay (P), Germany (P) and Mexico (P) at the international Court
of Justice. The plaintiffs also claimed that as a remedy for violation of the Vienna Convention, state courts
should review and reconsider the death sentences to determine if the lack of consular access prejudiced
the aliens. The German’s (P) case involved LaGrand and his brother who were executed before the matter
came to the I.C.J. the Court found that the U.S. (D) had breached its obligations to Germany (P) under the
Vienna Convention by not giving notice about LaGrand and his brother of right to consular notification,
and by failing to provide judicial review of the conviction and sentence.
Issue. Does a state which breaches its obligations to another under the Vienna Convention on Consular
Relations by failing to inform an arrested alien of the right to consular notification and to provide judicial
review of the alien’s conviction and sentence also violate individual rights held by the alien under
international law?
Held. Yes. A state that breaches its obligations to another under the Vienna Convention on Consular
Relations by failing to inform an arrested alien of the right to consular notification and to provide judicial
review of the alien’s conviction and sentence also violate individual rights held by the alien under
international law. The meaning adduced to the phrase “authorities shall inform the person concerned
without delay of his rights under this subparagraph” of Article 36 suggests that the rights to be informed
of their rights under the Convention is an individual right of every national of a state that is party to the
Convention.
Discussion. The Arizona Governor Jane Dee Hull insisted that the executions of the LeGrand brothers
would be carried out despite the diplomatic efforts made by the German Ambassador and German
Members of Parliament and the recommendation of the Arizona’s clemency board. On February 24, 1999,
Karl LaGrand was executed by lethal injection and Walter LaGrand was executed March 3, 1999 by gas
chamber. Compare this case to a ruling by the I.C.J. involving Mexican nationals, Avena and other Mexican
Nationals (Mexico v. United States), 2004 I.C.J. 12 and the U.S. Supreme Court’s refusal to give effect to
the I.C.J.’s Avena decision in
On June 27, 2001, the International Court of Justice (the World Court) issued its judgment on the merits
of the LaGrand Case (Germany v. United States). Walter LaGrand and his brother, German nationals living
in the United States, were arrested in Arizona in 1982 on suspicion of armed robbery and murder. They
were not informed of their rights under the Vienna Convention on Consular Relations, a multilateral treaty
to which both Germany and the United States are parties. Article 36, paragraph (1)(b) of the Convention
provides:
If he so requests, the competent authorities of the receiving State shall, without delay, inform the
consular post of the sending State if, within its consular district, a national of that State is arrested or
committed to prison or to custody pending trial or is detained in any other manner. Any communication
addressed to the consular post by the person arrested, in prison, custody or detention shall also be
forwarded by the said authorities without delay. The said authorities shall inform the person concerned
without delay of his rights under this subparagraph.
