Document Type : Article
Phd. Student on Criminal Law and Criminology, Law Department, Gorgan Branch, Islamic Azad University, Gorgan, Iran
Associate Prof., Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran
Professor on Criminal Law and Criminology, Law Department, Gorgan Branch, Islamic Azad University, Gorgan, Iran
The right to counsel for the accused is recognized in the national criminal justice systems. International obligations also indicate the recognition of this right in various sources of international law including international instruments and international jurisprudence. Among international instruments, the Vienna Convention on Consular Relations (1963) emphasizes the right to counsel for the alien accused in the form of the right to consular assistance. The judgment of the International Court of Justice in the LaGrand Case (2001) is one of the most important international judgments on the right to consular assistance for the alien accused. The present article answers the principal question of how the right to consular assistance for the alien accused is reflected in the judgment of the International Court of Justice in the LaGrand Case (2001). The findings of the present article indicate that the right to counsel for the alien accused in Lagrand Case is according to the Vienna Convention recognized in the form of the right to consular assistance and the Court considers the right to consular assistance for the accused to be an individual right which its main beneficiary is the accused, not his state.
- A) Books
- Cummins, Sally J, & david P. Stewart (2001), Digest of United States Practice in International Law, Washington, United States Department of States(Office of the Legal Adviser), International Law Institute.
- B) Articles
- Avilia, Dewi (2017), “Consular Assistance for Nationals Detained by a Foreign Government: States Policies and Practices”, Indonesia Law Review, Vol.7(1), pp.113-134.
- Carter, Linda E. (2003), “Compliance with ICJ Provisional Measure and the Meaning of Review and Reconsideration under the Vienna Convention on Consular Relations: Avena and Other Mexican Nationals (Mex. V. U.S.)”, Michigan Journal of International Law, Vol.25, No.1, pp.117-134.
- Ferdinandusse, W.N.(2003), “Out of the Black-Box?: The International Obligation of State Organs”, Brooklyn Journal on International Law, Vol.29, No.1, pp.45-127.
- Schiffman, Howard S. (2002). “The LaGrand Decision: The Evolving Legal Landscape of the Vienna Convention on Consular Relations in the U.S. Death Penalty Cases”, Santa Clara Law Review, Vol.42, No.4, pp.1099-1135.
- Tams, Christian J. (2002), “Consular Assistance: Rights, Remedies and Responsibility: Comments on the ICJ’s Judgment in the LaGrand Case”, European Journal of International Law, Vol.13, No.5, pp.1257-1259.
- Veneziano, Sabina (2019), “A Brief Criticism of the United States’ Strategic Actions in Three Pending I.C.J. Cases”, International Law and Politics Journal, Vol.51, No.2, pp.965-980.
- Zhang, Jixi (2009), “Fair Trial Rights in ICCPR”, Journal of Politics and Law, Vol.2(4), pp.39-44.
- C) Documents
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Adopted at 1984, Entry into Force at 1987.
- Convention on the Rights of the Child, Adopted at 1989, Entry into Force at 1990.
- General Assembly resolution 40/144, “Declaration on the Human Rights of Individuals who are not nationals of the country in which they live”, Adopted at 13 December 1985.
- International Covenant on Civil and Political Rights, Adopted at 1966, Entry into Force at 1976.
- Rome Statute of the International Criminal Court, Adopted at 1998, Entry into Force at 2002.
- U.N. Doc.(1945), Statute of the International Court of Justice, Signed at 26June1945, Entered into Force at 24Oct.1945.
- U.N. Doc. CCPR/C/GC/32 (Aug. 23, 2007), “Article 14: Right to equality before courts and tribunals and to a fair trial” Human Rights Committee - Ninetieth Session: General Comment 32.
- Universal Declaration of Human Rights, 1948.
- Vienna Convention on Consular Relation, Signed At 24April 1963, Ratified At 19March 1967.
- D) Cases
- ICJ Reports(1999), Case Concerning “LaGrand”, Germany V. United State of America, Provisional Measure, 3March.
- ICJ Reports(2001), Case Concerning “LaGrand” (Germany V. US.), Judgment on Merit, 27June.
- Inter American Court of Human Rights(1999), Advisory Opinion OC-16/99 about “The Right to Information on Consular Assistance in the Framework of the Guarantees of the Due Process of Law” (Requested by United Mexican States), 1 Oct.
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