FROM BREARD TO ATKINS TO MALVO: LEGAL INCOMPETENCY AND HUMAN RIGHTS NORMS ON THE FRINGES OF THE DEATH PENALTY

[...] the Inter- American Court has said that the OAS Charter and the ICCPR, both of which are binding treaties on the United States, are violated by the failure to provide consular notice before imposition of the death penalty and implicate due process.375 The Inter- American Court is the preeminen...

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Bibliographic Details
Published inThe William and Mary Bill of Rights journal Vol. 13; no. 2; p. 363
Main Author Malone, Linda A
Format Journal Article
LanguageEnglish
Published Williamsburg Bill of Rights Journal 01.12.2004
Subjects
Capital punishment
Charters
Convictions
Human rights
Miranda rights
Supreme Court decisions
Violations
United States > US
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Summary:[...] the Inter- American Court has said that the OAS Charter and the ICCPR, both of which are binding treaties on the United States, are violated by the failure to provide consular notice before imposition of the death penalty and implicate due process.375 The Inter- American Court is the preeminent authority for legal interpretation of the OAS Charter.376 It has given the ultimate, internationally authoritative interpretation of the OAS Charter with respect to the failure to provide consular notice, and concluded that it violates due process and is an arbitrary deprivation of the right to life.
ISSN:1065-8254
1943-135X