Breard and the Federal Power to Require Compliance with ICJ Orders of Provisional Measures

Abstract:     
Among the puzzling aspects of the Breard episode was the Clinton administration's claim that the decision whether or not to comply with the Order of the International Court of justice requiring the postponement of Breard's execution lay exclusively in the hands of the Governor of Virginia. The ICJ's Order provided that "[t]he United States should take all measures at its disposal to ensure that Angel Francisco Breard is not executed pending the final decision in these proceedings." The Clinton administration argued that the Order was not binding, but it also took the position that, even if the order were binding, there would be no authority in the federal Government to require a postponement of the execution.

Number of Pages in PDF File: 10

Keywords: Breard, International Court of Justice, provisional measures, Supreme Court

JEL Classification: K00, K39

Accepted Paper Series