U.S. broke international law by executing Mexican national, says U.N

U.S. broke international law by executing Mexican national, says U.N

www.cnn.com

The United States breached international law by executing a Mexican national without having granted him consular access, the U.N. High Commissioner for Human Rights said Friday.

"The execution of Mr. Leal Garcia places the U.S. in breach of international law," said Pillay, who is on an official mission in Mexico. "What the state of Texas has done in this case is imputable in law to the U.S. and engages the United States' international responsibility."

(visit the link for the full news article)

OK, I did a quick search, if this has already been posted, I do apologize, but I did not see anything about it yet.

It seems the US is in violation of international law by executing Garcia. Big shocker there right? The US broke the law.... Yet, some how, I bet you, the US does not get in trouble for doing so.

What do you guys think?

www.cnn.com
(visit the link for the full news article)

Bush broke it when he was president.


From what I get, Congress has yet to act on the treaty and that is why the Supreme Court did not intervene in either of the two cases. Sen. Leahy drafted a bill in June of this year to address the situation.

Medellin again petitioned the U.S. Supreme Court for review. This time, the Court sided with the State of Texas. In March 2008, a 6-3 majority of the Supreme Court held that the Protocol of the Vienna Convention did not make the treaty self-executing, thus the treaty could only be made binding upon state courts if it is enacted into law by Congress; a Presidential memorandum did not have sufficient authority.

www.cja.org...

Does the U.N. not realize that were Texas and were going to do what ever the # we want?

but war through proxy is ok if its happening to someone else.....

reply to post by mb2591


stop being so hot headed. we must be civil.

texas is in trouble.

Wooooooo hold on there......

the USA broke International law by executing a Mexican without granting him Mexican consular access yet he entered the USA illegally, committed a henous crime of raping and murdering a young 16 year old girl. Where were the rights of this young 16 year old girl while she was being raped and murdered????????

Originally posted by vjr1113
reply to post by mb2591

 

stop being so hot headed. we must be civil.

texas is in trouble.

I'm not hot headed at all. I think it's funny. Texas may be 'in trouble' but we didn't listen to our 'president' what makes the UN think were going to listen to them?
I say come at us b/ro

ETA Texas is like 1 of 3 states that doesn't have an economy that's in the toilet.. not saying our economy is doing great or anything but yea.

Now the UN thinks it has supreme authority over the US. They should find a handbasket and go to hell.

The United States gave life to the United Nations when it was conceived. Is this baby government really going to do harm to its mother?

If all the other big nations in the UN feel the actions of Texas was appropriate then they will turn a blind eye to this case.

reply to post by AwakeinNM


yea were america we should do whatever the hell we want...

there's a reason why the rest of the world hates us.

No, the treaty was with the Federal Govt, not the Republic of Texas.

The UN can light it on fire and shove it where the sun don't shine!!!!

reply to post by macman


Fellow Texan?

ETA I like how the majority consensus is: UN you can go # off now.

We need to quit giving money to the UN and toss them out of the country. Turn the UN building into condos or rent controlled apartments. If the rest of the world wants to play little socialist community games just leave the US out of it. We'll do our thing and they can like it or lump it. We need to make it clear that we will use our military, if necessary, to protect our citizens anywhere in the world. We can't allow foreigners to tell us how to run our affairs.

Originally posted by bluemirage5
Wooooooo hold on there......

the USA broke International law by executing a Mexican without granting him Mexican consular access yet he entered the USA illegally, committed a henous crime of raping and murdering a young 16 year old girl. Where were the rights of this young 16 year old girl while she was being raped and murdered????????

i knew someone would make this agrument.

doesn't matter, one crime cant be justified by breaking another.

lol cant remember the last time the US cared about any international law.

Originally posted by mb2591
reply to post by macman

 

Fellow Texan?

ETA I like how the majority consensus is: UN you can go # off now.

edit on 9-7-2011 by mb2591 because: (no reason given)

Georgian by birth, southern by the grace of God.
Spent about a year or so in Texas. Loved it.

reply to post by Bramble Iceshimmer

We can't allow foreigners to tell us how to run our affairs.

Kind of funny considering we try to tell other countries how to run theirs.

Originally posted by vjr1113
reply to post by AwakeinNM

 

yea were america we should do whatever the hell we want...

there's a reason why the rest of the world hates us.

Who cares what they think? Let's stop paying them when they hate us. Cut off all foreign aid now, bring home all the troops now.

Originally posted by gimme_some_truth


OK, I did a quick search, if this has already been posted, I do apologize, but I did not see anything about it yet.

It seems the US is in violation of international law by executing Garcia. Big shocker there right? The US broke the law.... Yet, some how, I bet you, the US does not get in trouble for doing so.

What do you guys think?

www.cnn.com
(visit the link for the full news article)

The US did not violate interntional law, and this is supported by the ruling of the US Supreme Court rejecting the stay of execution by a 5-4 vote. The Geneva Convention for Consular affairs covers foreign nationals in signatory countries.

All it requires is for the Consulate to be notified if one of their citizens is arrested / charged with a crime (traffic stops are not included unless an arrest comes from it - EX: DWI).

Once reported the consular offical has access to the individual to ensure they are being treated appropriately. To ensure they have full and equal access to the court system as if they were a citizen. The Consular officals can also request legal documents that pertain to the case also.

It does NOT grant any special immunity to the arrested citizen, nor does it allow any special legal treamant or interference from consular officials.

The protest by Mexico is based on the argument that he was not notified that he could contact Mexican consular officals. Under US law law enforcement is only required to mirandize an individual if they are in custody and we are asking guilt seeking questions. No where in that Miranda warning does it cover the ability to contact the consulate, again supported by the Supreme Court ruling on this topic.

Had the individual been in contact with the Mexican consulate, it would not have changed the outcome in the least. The individual had full access to the legal system of the US. The investigation, charges, prosecution etc were all done in full accordance with Texas Law and federal requirements.

Also, the guy has been on death row for sometime now, and Mexico waiting till the last minute to complain smacks of politics and appears to ahve absolutely nothing to do with actualy representing the Mexican National. If it were, then the protest by Mexico should have started a long time ago.

As a matter of fact this is not the first time MExico has pulled this, nor is it the first time for Mexico to complain to the UN and World Court. The last few times they did this they were able to obtain court orders for the US to stop the execution, however those orders came from the world court, who has no authority over US domestic law.

Secondly there is a list of countries are are listed as required notification and a list that is not required for notification. The right to contact a consulate must be invoked by the accused. If the accused refuses to or ignores the right, thats their choice and is not grounds for interference.

The required contact list requires the notification of the consulate, and some police agencies have it established as a policy[.i], while others leave it to the PA's office.

Mexico needs to sit down and shut up and quit intefereing in US domestic law and issues unless they want us interfering in theirs to the same extent.

The guy raped and killed a 16 year old girl.

The process was followed.