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Alien Jurisdiction


Today, United Nations' International Court of Justice heard emergency oral arguments over the case of Jose Medellin who is set for execution in the State of Texas on August 4th. At issue, is the United States' adherence to a 2004 interpretation of the 1963 Vienna Convention requiring that a Mexican national be notified of his right to contact the Mexican consulate before facing capital punishment charges. Personally, I believe that even in spite of the procedural defects in Medellin's case, that it is a travesty of justice to interfere with a sovereign's right to administer punishment to an irrefutable murderer and rapist. However in times such as this, Jose Medellin's case does merit the public attention because legal issues involved raise questions of human rights law and what force is attributed to international treaties made with foreign governments. The United Nations' world courts and other governing bodies are important courts of last resort for many countries where the judicial or political system is bereft of justice. Such as in the case of the murder of Benazir Bhutto, Pakistani officials have requested a United Nation's investigation into the suspected murderer, millitant commander Baitullah Mehsud's ties to the Pakistani government and al-Qaeda. Any sovereign where there is a military rule of law, seems to deserve a review of its internal processes even if the only relief that can be granted is a review by the UN Security Council. The United States has given representative party Medellin and his cohorts plenty of bites at the apple.

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