Law Commons^™

The Limits Of International Law: Efforts To Enforce Rulings Of The International Court Of Justice In U.S. Death Penalty Cases, Sandra L. Babcock

Cornell Law Faculty Publications

Since the Supreme Court reinstated the death penalty in 1976, the United States has executed twenty-eight foreign nationals from fifteen different countries. Most of those foreign nationals were never informed of their rights to consular notification and access under Article 36 of the Vienna Convention on Consular Relations, a treaty the United States ratified in 1969. Violations of Article 36 in capital cases have caused consternation in foreign capitals and endless litigation in domestic courts and international tribunals. Mexico, which has the largest number of foreign nationals on death row, established the Mexican Capital Legal Assistance Program in 2000 to …

Applying The Death Penalty To Crimes Of Genocide, Jens David Ohlin

Cornell Law Faculty Publications

Domestic And International Developments Relating To The Death Penalty: Introduction And Remarks, Sandra L. Babcock

Cornell Law Faculty Publications

In recent years, international law has played an increasingly prominent role in the development of death penalty jurisprudence in both domestic and international tribunals. In the United States, the citation of foreign jurisprudence by the Supreme Court in Roper v. Simmons and Atkins v. Virginia has generated an intense debate within the Court, Congress, and the media. In the Caribbean, decisions of the Judicial Committee of the Privy Council and the Inter-American Court on Human Rights have resulted in commutations of numerous death sentences. While abolitionists have celebrated these developments, the death penalty remains a popular sanction, and human rights …