LaGrand (Germany v. United States of America) - Court to deliver its Judgment on Wednesday 27 June 2001 at 10 a.m.

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INTERNATIONAL COURT OF JUSTICE
Peace Palace, 2517 KI 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

forimmediaterelease

No. 2001/15
15 June 2001

LaGrand Case
(Germany v. United States of America)

Court to deliver its Judgment on Wednesday 27 June 2001 at 10 a.m.

1HE HAGUE, 15 June 2001. The International Court of Justice (ICJ), principal judicial

organ of the United Nations, will on Wednesday 27 June 2001 deliver its Judgment in the LaGrand
Case (Germany v. United States of America).
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A public sitting will take place at 10 a.m. in the Peace PalinThe Hague, at which the
President of the Court, Judge Gilbert Guillaume, will read the Court's Judgment, which is binding
and not subject to appeal.

Immediately following the end of the public sitting, the President of the Court will deliver a
statementto the media on the Court's Judgment in the Small Hall of Justice.

Historv of the proceedings and Parties' submissions

On 2March 1999 Germany filed in the Registry an Application instituting proceedings for
violationsof the Vienna Convention on Consular Relations of 24 Apri11963 allegedly committed
by the United States of America with respect to the case of Karl and Walter LaGrand, two Gennan
nationals sentenced to death by the authorities of the State of Arizona for the murder of a bank
manager in 1982. Karl LaGrand, 35, bad been executed on 24 February 1999.

In its ApplicationGermany maintained that the two brothers bad been arrested, tried and
sentenced to death without being advisedf their rights ta consular assistance, as required by the
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Vienna Convention. lt contended that it was only in 1992, when ali legal avenues had been
exhausted, that the Gennan consul ar officers were made aware, not by the authorities of the State
of Arizona, but by the detainees themselves, of the case in questionGermany added that the
failure to provide the required notification precluded it from protecting its nationals' interest în the
United States. Accordingly, Germany asked the Court ta adjudge and declare that the United
Statesbad violated its international legal obligations under the Vienna Convention, that the United
Statesshould provide reparation, in the form of compensation and satisfaction, for the execution of
Karl LaGrand and that it should restore the status guo ante in the case of Walter LaGrand, that is
re-establish the situationt existed before his detention and sentencing in violation ofthe United
Statesinternational legal obligationGermany also requested the Court to declare that the United
States should provide Gennany a guarantee of the non-repetition of the illegal acts. As a basis for
the Court's jurisdiction, Germany invoked Article 1 of the Vienna Convention's ûptional 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. In an Order dated 3 March 1999, which
was adopted unanimously, the Court, ruling ex officinview of the urgency of the case, called on 1

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the United States ta "take ali measures at its disposai" ta: thatWalter LaGrand was not
executed pending a fmal decision in the proceedings instituted by GennanyThe Court also
requested the Govemment of the United States to infohn it of ali the measures taken in

implementation thereof.

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

the Govemor of Arizona a copy of the Court's Order. on the same day and after the various
motions and petitions before the Supreme Court of the United States relating to the case of
Mr. Walter LaGrand bad failed, was executed. 1

By Order of5 March 1999, the Court fixed 16 September 1999 as the time-limit for the filing
of a Memorial by Germany and 27 March 2000 as the time-limit for the filing of a Counter-Memorial
by the United States. Those pleadings were withinthepr~cr iibeeldits.

Public hearings at which the Parties presented tpralarguments were held from 13 to
17 November 2000. At the close of the oral proceedings, the Parties presented to the Court the
following final submissions: ·

For Germany:

"The Federal Republic of Germany respectfully requests the Court to adjudge
and declare ;

(1) that the United States, by not informing Karl and Walter LaGrand without delay
following their arrest of their rights under Article 36, subparagraph 1 .l];ù,of the
Vienna Convention on Consular Relations, and: by depriving Germany of the
possibility of rendering consular assistance, which ultimately resulted in the

execution of Karl and Walter LaGrand, violated its international legal obligations
to Germany, in its own right and in its right of diplomatie protection of its
nationals, under Artic5eand 36 paragraph 1 of the said Convention;
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(2) that the United States, by applying rules of its fiomestic law, in particular the

doctrine of procedural default, which barred Karl and Walter LaGrand from
raising their claims under the Vienna Convention on Consular Relations, and by
ultimately executing them, violated its internatioital legal obligation to Germany
under Article36 paragraph 2 of the Vienna Conv:entîon to give full effect to the

purposes for which the rights accorded under Aiiticle36 of the saîd Convention •
are intended; '

(3) that thenited States, by failing to take ali meastires at its disposai to ensure that
Walter LaGrand was not executed pending the final decision of the International

Court of Justice on the matter, violated its int.ernational legal obligations to
comply with the Order on Provisional Measmes issued by the Court on
3 March 1999, and to refrain from any action which might interfere with the
subject matter of a dispute whîle judicial proceedii;Igsare pending;

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and, pursuant to the foregoing international legal obligations,
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(4) that the United States shall provide Germany an assurance that it will not repeat
its unlawful acts and that, in any futurcas ofe ~etention of or crimînal

proceedings against German nationals, tUnite States will ensure in law and
practice the effective exercise of the rights m1der Article 36 of the Vienna
Convention on Consular Relations. In particular in cases involving the death
penalty, this requires the United States tpr~vi dfective review of and ~ 3-

remedies for criminal convictions impaired by a violation of the rights under
Article36."

For the United States of America:

"The United States asks the Court to adjudge and declare that:

(1) There was a breach of the United States obligation to Germany under
Article 36 (1) {hl of the Vierma Convention on Consular Relations, in that the
competent authorities of the United States did not promptly give to Karl and

Walter LaGrand the notification required by that Article, and that the United
States has apologized to Germany for this breach, and is taking substantial
measures aimed at preventing any recurrence; and

(2) Ali other claims and submissions of the Federal Republic of Gennany are
dismissed."

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NOTE FOR THE PRESS

1. The public sitting 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 off or set on silent mode. Any offending deviee will be temporarily removed.

2. Members of the Press will be entitled to attend on presentation of a press card. The tables

reserved for them are situatedon the far left of the public entrance of the courtroom.

3. Photographs may be taken for a few minutes at the opening and at the end of the sitting.

Television crews may film the whole sitting, but advance notice should be given to the Information
Office (see paragraph 8).

4. In the Press Room, located on the groWld floor of the Peace Palace (Room 5), the reading

of the Court's Judgment will be relayed by loudspeaker.

5. At the end ofthe sitting, a press release, a summary of the Court's Judgment and the full
text of the Judgment will be distributed in the Press Room.

6. The above-mentioned documents will be simultaneously available on the Court's website
(http://www .icj-cij.org).

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

8. 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 information or arrangements for television coverage.