LaGrand (Germany v. United States of America) - The Court will hold public hearings from Monday 13 to Friday 17 November 2000

INTERNATIONAL COURTOFJUSTICE

Peace Palace, 2517 KJ The Hague. Tel.(31-70-302 23 23). Cables: Intercourt, The Hague.
Telefax (31-70-364 99 28). Telex 32323. Internet address: http: Il www.icj-cij.org

Communiqué
unofficial
forimmediaterelease
No. 2000/30

27 September 2000

LaGrand Case
(Germany v. United States of America)

The Court will bold pubUc hearings from Monday 13 to Friday 17 November 2000

THE HAGUE, 27 September 2000. The International Court of Justic(ICJ),the principal

judicial organof the United Nations, will hold public hearinginthe LaGrand Case (Germany v.
United States of Amenca) from Monday 13 to Friday 17November 2000 at the Peace Palace in
The Hague, seatof the Court.

The programme of the hearings is as follows:

First round of oral arguments

Monday 13 November 2000: Germany
Tuesday 14November 2000: United States of America

The hearings will be heldrom 10 a.m.to 1p.m. and from 3to 6p.m.

SecondrolUldof oralarguments

Thursday 16 November 2000: German y
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Friday 17November 2000: United States of America

Thursday's hearing will take place from 10 a.m. to 1 p.m.; Friday's will be held in the
afternoon at a timtobe set at a Iater stage.

History of the proceedings

On 2 March 1999 Germany filed in the Registry an Application instituting proceedings for
violations of the Vienna Convention on Consular Relations of 24 April 1963 allegedly committed

by the United States of America with respect to the case of Karl and Walter LaGrand, two German
nationals sentenced to death by the authorities of the State of Arizona for the murder of a bank
manager in 1982. Karl LaGrand, 35, had been executed on 24 February 1999.

In its Application Germany maintained that the two brothers had been arrested, tried and
sentenced to death without being advisedof their rights to consular assistance, as required by the
Vienna Convention. It contended that it was only in 1992, when ail legal avenues had been
exhausted, that the Gennan consular officers were made aware, not by the authorities of the State

of Arizona, but by the detainees themselves, of the case in question. Germany added thatthe
failure to provide the required notification preclitfrom protecting its nationals' interest in the
United States. Accordingly, Germany asked the Court to adjudge and declare that the
United States had violated its international legal obligations under the Vienna Convention, that the

United States should provide reparation, in the form of compensation and satisfaction, for the
execution of Karl LaGrand and that it should restore the status quo ante in the case of -2-
1
Walter LaGrand, that is re-establish the situation that existed before his detention and sentencing
in violation of the United States' international legal obligations. German y also requested the Court
to declare that the United States should provide Germany a ~tee of the non-repetition of the
illegal acts.As a basis for the Court's jurisdiction, Germany invoked Article I of the Vienna
Convention's Optional Protocol Concerning the Compulsory Settlement of Disputes.

On the same day Germany also filed a request for provisional measures in arder to obtain a

postponement of the execution of Walter LaGrand, aged 37. Inanûrder dated 3 March 1999, which
was adopted unanimously, the Court, ruling ex officia in vîew of the urgency of the case, called on
the United States to "take ali measures atits disposai" to ensure that Walter LaGrand was not
executed pending a final decision in the proceedings instituted by· Gennany. The Court also

requested the Government of the United States to inform it of ali the measures taken in
implementation tbereof.

By a letter of 8 March 1999, the Legal Counsellor of the Embassy of the United States in
The Hague informed the Court that on 3 March 1999, the Department of State bad transmitted to

the Governor of Arizona a copy of the Court's Order. On the same day and after the Supreme
Court of the United States bad issued orders disposing of the various motions and petitions before
it related to the case ofMr. Walter LaGrand, he was executed ..

By Order of 5 March 1999, the Court ftXed 16 September 1999 as the time-lîmit for the filing
of a Memorial by Germany and 27 March 2000 as the time-lîmit for the filing of a Counter-Memorial
by the United States. Those pleadings were filewithin the prescribed time-limits .

.NOTE TO THE PRESS

1. The public hearings will be held in the Great Hall of Justice of the Peace Palace in
The Hague, Netherlands. Mobile telephones and beepers are allowed in the courtroom provided

they are turned offor set on silent mode. Any offending deviee will be temporarily retained.

2. Members of the Press will be entitled to attend on presentation of a press card. The tables
reserved for them are situated on the far left of the public entrance of the courtroom.

3. Photographs may be takenfor a few minutes at the opening and at the end of the sittings.
Television crews may film, but advance notice should be given to the Information Departrnent (see
paragraph 7).
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4. In the Press Room, located on the ground floor othePeace Palace (Room 5), the Court's

proceedings will be relayed through a loudspeaker.

5. The verbatim records of the public sittings will be published daily on the Court's website
(http:/ /www .icj-cij.org).

6. Members of the Press who wish to make telephone calls may use the phone located in the
Press Room for collect callsr the public telephones in the Post Office in the basement of the Peace
Palace.

7. Mr. Arthur Witteveen, First Secretary of the Court (tel: + 31 70 302 2336), and

Mrs. Laurence Blairon, Information Officer (tel+ 31 70 302 2337), are available to deal with any
requests for informationnd for making arrangements for television coverage.