Law Commons^™

Nottebohm's Nightmare: Have We Exorcised The Ghosts Of Wwii Detention Programs Or Do They Still Haunt Guantanamo?, Cindy G. Buys

Cindy G. Buys

Frederich Nottebohm was the subject of a famous 1956 International Court of Justice (ICJ) decision that still has resonance today. The story of how Mr. Nottebohm, a wealthy German-born businessman living in Guatemala, came to be the subject of a case before the world court exposes a little known program run by the United States during World War II in which the United States pressured Latin American countries like Guatemala to identify persons of German nationality or ancestry and turn them over to the United States for internment for the duration of the war. Many of these persons were assumed …

Strangers In A Strange Land: The Importance Of Better Compliance With The Consular Notification Rights, Cindy G. Buys, Scott D. Pollock, Ioana Navarrete

Cindy G. Buys

The right of a foreign national to contact his or her consulate upon arrest or detention in another country has been described as a fundamental and indispensible human right. Yet United States authorities have repeatedly failed to provide foreign nationals and their consulates with notice as required by law. This failure is evidenced by the explosion in litigation of consular notification rights in recent years.

This article explores some of the most interesting legal questions that are being raised in the area of consular notification rights. Drawing on the experiences and perspectives of three attorneys, member of the consular staff …