The Role of International Law in United States Death Penalty Cases

Abstract

The United States has repeatedly failed to notify detained foreign nationals of their rights to consular notification and access under Article 36 of the Vienna Convention on Consular Relations. In capital cases, US non-compliance with this ratified Treaty has led to litigation by foreign governments and individual lawyers in domestic courts and international tribunals. While these efforts have had mixed results in individual cases, litigation by Mexico, Germany and other actors has led to increased compliance with Article 36, and a growing recognition of the significance of US treaty obligations.