Citation: 526 U.S. 111
Subject: International Law
Link to Case: http://supreme.justia.com/cases/federal/us/526/111/
Two German nationals known as the LaGrand brothers facing the death penalty in an Arizona state prison.
The government of Germany went to the International Court of Justice (ICJ).
The ICJ made a provisional ruling that the LaGrand brothers were not to be executed until the ICJ could rule on whether they had been denied their rights to contact the German Embassy, which was required by the Vienna Convention on Consular Rights.
The Supreme Court of the United States found that the LaGrands' had waived their rights due to a procedural default, and the LaGrand brothers were executed.
The US State Department had forwarded the provisional ICJ order to Arizona's governor, but did not ask for a stay.
Afterwards, Germany brought the the issue to the ICJ, and the ICJ issued a ruling saying that provisional ICJ decisions are binding and create a legal obligation under international law.
ICJ decisions that are provisional in nature create a legal obligation under international law.