Beyond Breard

Abstract:     
In this article, we examine the legal and political controversy arising out of the execution of a Paraguayan national, Angel Breard, by the United States in violation of his rights under the Vienna Convention on Consular Relations. We examine the source, status, and judicial remedies of the Vienna Convention. We then place these treatments within the broader context of international individual rights in general. In this context, we conclude that the treatment of consular rights claims is consistent with American courts' international law jurisprudece of the last thirty years.

We also seek to place the Vienna Convention within the narrower context of criminal procedure doctrine and again demonstrate that the treatment of such claims is entirely consistent with prior case law. Despite our general rejection of scholarly criticism of Breard, we do conclude that the decision poses grave dangers for individual American citizens.

Number of Pages in PDF File: 48

Keywords: international law, criminal procedure, vienna convention, consular, death penalty, world court

Accepted Paper Series