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US Backs Out of Vienna Convention Protocol Relating to Capital Cases
The
United States is pulling out of the Optional Protocol to the Vienna Convention
on Consular Relations. The protocol
requires signatories to let the International Court of Justice (ICJ) make the
final decision when their citizens say they have been illegally denied the right
to see a home-country diplomat when jailed abroad. The United States proposed the protocol in 1963 and ratified
it in 1969.
The
United States originally backed the measure as a way to protect its citizens
abroad, and was the first country to use it before the ICJ, or World Court,
successfully suing Iran for taking 52 hostages in Tehran in 1979.
Other countries, however, have successfully complained before the World
Court that the US was not adhering to the procedures that go along with the
protocol, and their citizens were sentenced to death by U.S. states without
receiving access to diplomats from their home countries, according to the Washington
Post.
The decision of the United States does not affect the rest
of the Vienna Convention, which requires its 166 signatories to inform
foreigners of their right to see a home-country diplomat when detained overseas.
According to some legal analysts, withdrawal from the protocol means that
the United States will not be obligated to the decisions of the World Court.
Others are saying this decision will weaken protections for U.S. citizens
abroad.
State Department officials told the Post that fewer
than 30 percent of the signatories to the Vienna Convention had agreed to the
protocol. Among those that had not
done so are Spain, Brazil and Canada.
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