領事關係에 관한 비엔나협약의 違反과 臨時措置命令

Article 5 of the Vienna Convention provides a general list of all consular functions. Article 36 reads“Communication and contact with nationals of the sending State 1. With a view to facilitating the exercise of consular functions relating to nationals of the sending State" The Hague, 10 January 2003. In the late afternoon of 9 January 2003, Mexico brought a case against the United States of America to the International Court of Justice (ICJ) in a dispute concerning alleged violations of Articles 5 and 36 of the Vienna Convention on Consular Relations of 24 April 1963 with respect to 54 Mexican nationals who have been sentenced to death in the States of California, Texas, Illinois, Arizona, Arkansas, Florida, Nevada, Ohio, Oklahoma and Oregon. Mexico also filed an urgent request for the indication of provisional measures, asking that, pending final judgment in the case, the Court indicate that the United States take all measures necessary to ensure that no Mexican national be executed and that no execution dates be set for any Mexican national; that the United States report to the Court the actions it has taken in that respect; and that it ensure that no action is taken that might prejudice the rights of the United Mexican States or its nationals with respect to any decision this Court may render on the merits of the case. United States violated its obligation under Article 36 of the Vienna Convention to inform nationals of Mexico of their right to consular assistance and to provide relief adequate to redress such violation on several occasions. The supreme court has given a decision in LaGrand case “an order of the International Court of Justice indicating provisional measures is not bing and does not furnish a basis for judicial relief". In Unites States, with respect to the relation of municipal and international law, a later act of federal legislation overrides a teaty. Furthermore, a self-executing treaty may not be enforced internally until it has been published. However, Arising from the nature of treaty obligations and from customary law, there is a general duty to bring internal law into conformity with obligations under international law. Later ICJ found that the Unites States has breached its obligations to Germany and to the LaGrand brothers under the Vienna Conventin of Consular Relaitons. ICJ also finds, for the first time in its history, that order indicting provisional measure are legally binding. ICJ takes note unanimously of the commitment undertaken by the United States to ensure implementation of the specific measures adopted in performance of its obligations under Article 36. In Avena case, ICJ ordered the provisional measure. Problems in judical process with regard to provisional measures are separate issue to be discussed. The binding effect of provisional measure order has been settled and Unites States should respect to that matter.