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International Court of Justice (ICJ): LaGrand Case (Germany v. United States)

Published online by Cambridge University Press:  27 February 2017

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Abstract

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Type
Judicial and Similar Decisions
Information
International Legal Materials , Volume 40 , Issue 5 , September 2001 , pp. 1069 - 1128
Copyright
Copyright © American Society of International Law 2001

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References

End notes

* This document was reproduced and reformatted from the text appearing at the ICJ website (visited September 13, 2001) http://www.icj-cij.org.

1 The President of the Court, Judge S. Schwebel of the United States, relinquished the presidency in this case pursuant to Article 32, of the Rules of Court.

2 LaGrand (Germany v. United States of America), Provisional Measures, Order of 3 March 1999, I.C.J. Reports 1999, p. 13, para. 12.

3 Article 73 of the Rules of Court, which Germany had also invoked, reads as follows: “

1 A written request for the indication of provisional measures may be made by a party at any time during the course of the proceedings in the case in connection with which the request is made.

2 The request shall specify the reasons therefore, the possible consequences if it is not granted, and the measures requested. A certified copy shall forthwith be transmitted by the Registrar to the other party.“

4 LaGrand, (Germany v. United States of America), Provisional Measures, Order of 3 March 1999, I.C.J. Reports 1999, p. 14, paras. 19–21.Google Scholar

5 Memorial of Germany, Vol. I, p. 11, para. 2.06.

6 Ibid., p. 12, para. 2.07.

7 See Memorial of Germany, Vol. Ill, Ann. 46, p. 853, at 1009.

8 See Presentence Reports on Karl and Walter LaGrand, dated 2 April 1984, Memorial of Germany, Vol. II, Ann. 2, pp. 261 and 276.

9 See Memorial of Germany, Vol. II, Ann. 8, pp. 461-462.

10 CR 2000/26, p. 38.

11 Counter-Memorial of the United States, p. 51, para. 61.

12 “Karl, and LaGrand, Walter. Report of Investigation into Consular Notification Issues.” United States Department of State, 17 February 2000, Counter-Memorial of the United States, Exhibit 1, pp. 7–8.Google Scholar

13 Provisional Measures, Order of 2 June 1999,I.C.J.. Reports 1999, para. 44.

14 Vienna Convention on Consular Relations (Paraguay v. United States of America), Provisional Measures, Order of 9 April 1998,I.C.J.. Reports 1998, p. 258, para. 41 (I).

15 Brief for the United States as Amicus Curiae, Republic of Paraguay v. Gilmore, Memorial of Germany, Vol.II, Ann. 34, p. 737.

16 Ibid., p. 738.

17 Ibid., p. 739.

18 Breard v. Greene, Republic of Paraguay v. Gilmore, 118 S.Ct. 1352 (1998), 37 International Legal Materials (1998), p. 829.

19 It is worth noting that an American attorney serving as a member of the German legal team was a member of the legal team of the Government of Paraguay in the Breard case before this Court (Vienna Convention on Consular Relations (Paraguay v. United States of America), Provisional Measures, I.C.J. Reports 1998). That same attorney also served as counsel for Breard when the case was before the Supreme Court of the United States.