INTERNATIONAL COURTOFJUSTICE
Peace Palace, 2517 KJ The Hague. Tel.(31-7 03~230.Cables: Intercourt, The Hague.
Telefax (3170-364 99 28). Telex 32323. Internet address : http: Il .icj~cij.org
Communiqué
unofficial
forimmediatrelease
No. 99/7
2 March 1999
Germany brings a case against the United States of America
and requests the indication of provisional measures
THE HAGUE, 2 March 1999. Germany tonight brought a case against the United States of
America to the International Court of Justice (ICJ) in a dispute concerning alleged violations of the
Vienna Convention on Consular Relations of 24 April 1963 with respect to the case of
Mr. Karl and Walter LaGrand, two German nationals convicted of murder in Arizona.
Karl LaGrand, 35, was executed on 24 February 1999 for the murder of a bank manager
during a robbery attempt in Arizona in 1982, in spite of ail appeals for clemency and numerous
diplomatie interventions at the highest leve! by the German GoverHis brother Walter, 37,
is scheduled to be executed tomorrow, 3 March 1999, for the same crime.
In its Application, Germany maintains that "Karl and Walter LaGrand were tried and
sentenced to death without being advised of their rights to consular assistance", as required by the
Vienna Convention. ltcontends that it was only in 1992 that the German 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 argues that "the failure to provide the required notification precluded
it from protecting its nationals' interest in the United States at both the trial and the appeallevel in
the State courts".
Accordingly, Germany asks the Court to adjudge and declare that the United States bas
violated its international legal obligations under the Vienna Convention, that the criminalliabîlity
imposed on Karl and Walter LaGrand in violation of international legal obligations is void and
should be recognized as void by the legal authoritîes of the United States, 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 Walter LaGrand, that is
tore-establish the situation that exîsted before the detention of, proceedings against, and conviction
and sentencing ofthat German national. Germany also requests the Court to declare that the United
States should provide Germany a guarantee of non~repet iftieollegal acts.
As a basis for the Court'sjurisdiction, Germany invokes Article I of the Vienna Convention's
Optional Protocol Concerning the Compulsory Settlement of DisputeBath Germany and the
United States are parties to the Vienna Convention and to the Optional Protocol, Article I ofwhich
provides that "disputes arising out of the interpretation or application of the Convention shall lie
within the compulsory jurisdiction of the International Court of Justice".
"In view of the extreme gravity and immediacy" of the case, Germany also filed tonight an
urgent request for interim measures of protection (provisional measures ), asking the Court to
indicate that "the United States should take ali measuresat its disposai ta ensure that
Walter LaGrand is not exeèuted pending the final decision in these proceedings". - 2 -
In a letter dated today, Judge Weeramantry, Vice-President of the Court, exercising the
functions of the presidency in the case and acting in conformity with Article 74, paragraph 4, of
the Rules of Court, drew the attention of the Government of the United States to "the need to act
in such a way as to enable any Order the Court will make on the request for provisional measures
to have its appropriate effects".
Vice-PresidentWeeramantry exercises the functions of the presidency m the case, as
President Schwebel is a national of the United States.
The full text of the Application and of the request for the indication of provisional measures
of Germany will soon be available on the Court's website (http://www.icj-cij.org).
Information Office:
Mr. Arthur Witteveen, Secretary of the Court (tel: 31-70-302 23 36)
Mrs. Laurence Blairon, Information Officer (tel: 31-70-302 23 37)
E-mail address: [email protected]
•
Germany brings a case against the United States of America and requests the indication of provisional measures