_-- Public Policy Network - Posting to [log in to unmask] --_
I would like to draw your attention to the web site of Rights International.
A CERJ correspondent recently called me to talk about how important
international law is. Some US Nationalists and even some Libertarians say
that it really has no importance whatsoever, that International Law does
not really constitute a body of law per se.
From the Rights International web site <http://www.rightsinternational.org>:
Model briefs on international human rights law, for use by U.S.
practitioners in death penalty litigation.
There recently have been several attempts to challenge the imposition of
the death penalty through the use of international law. These efforts have
failed either because the international law claim was not raised at the
trial level, or because the claim was based on a non-self-executing treaty.
To avoid losing any other opportunities to use international law to
challenge the application of the death penalty in certain situations,
Rights International seeks to help capital defense lawyers preserve such
claims at the trial level. Most importantly, Rights International has
prepared a series of model briefs to assist defense attorneys in arguing
these claims. We will be happy to supply these briefs to capital defense
attorneys; just send an e-mail to Rights International.
In what areas might these briefs help? They include the following:
Death row phenomenon
Execution by gas asphyxiation
Execution by hanging
Execution by electrocution
Execution of persons who committed crimes under age of 18
Failure to instruct jury to not consider race of defendant and victim
Failure to inform alien defendant's consulate
Failure to inform alien defendant of his/her right to consult consulate
Execution for less than the most serious crimes (viz., murder)
Defendant has no opportunity to seek pardon or commutation
Extradition of defendant from one state to another
There are several other due process-type areas in which international law
may help (e.g., presumption of innocence, and jury/judge impartiality).
International human rights law is highly relevant to these areas. As the
U.S. Supreme Court has put it, "International law is part of our law, and
must be ascertained and administered by the courts of justice of
appropriate jurisdiction." The Paquete Habana, 175 U.S. 677 (1900)
(holding executive order in war time invalid under customary international
law). See Restatement (Third) of the Foreign Relations Law of the United
States, Part I, ch. 2 (1987) (Introductory Note) ("It is now established
that customary international law in the United States is a kind of federal
law, and like treaties and other international agreements, it is accorded
supremacy over State law by Article VI of the Constitution.").
Furthermore, there are certain self-executing treaties relevant to the
application of the death penalty. Violations of these treaties also
violate US federal law.
List members may be interested in the publication of a new book. The book
is designed as an international human rights and humanitarian law
supplement for use with criminal law and procedure casebooks as well as a
quick reference for criminal law practitioners:
Francisco Forrest Martin & Richard J. Wilson, The Rights International
Companion to Criminal Law & Procedure: An International Human Rights and
Humanitarian Law Supplement (The Hague: Kluwer Law International, 1999)
(350 pp.).
A copy of the table of contents and a teacher's manual with
cross-references to other criminal law and procedure casebooks will be
posted shortly at <http://www.rightsinternational.org>. Copies of the book
can be ordered from Kluwer at <[log in to unmask]>. Free examination
copies for law professors considering adopting this book also are available
from Kluwer.
Francisco Forrest Martin
President
Rights International, The Center for International Human Rights Law, Inc.
600 Biltmore Way, No. 1117
Coral Gables, FL 33134
USA
Tel/Fax: 305-446-7334
Email: <[log in to unmask]>
<http://www.rightsinternational.org>
--
To subscribe to the CERJ E-Mail distribution list, simply send
an E-mail message to <[log in to unmask]>. Please include your name
and your state, province, or country of residence. Thank you!
--------------------------------------------------------------
John Wilmerding, Gen'l Secretary | E-Mail: <[log in to unmask]>
=================================| Web: http://www.cerj.org
*CERJ* International Secretariat | ICQ Number: 18723495
---------------------------------+============================
Campaign | 217 High Street | For | A
for | Brattleboro, VT | Justice | AR
Equity- | 05301-3018 USA | that | ART
Restorative | Telephone & FAX | Restores | EAR
Justice | [802] 254-2826 | Equity | HEAR
================================================= HEART
Work together to reinvent justice using methods | EARTH
that are fair; which conserve, restore and even | HEARTH
create harmony, equity and good will in society | >>>|CERJ|<<<
==============================================================
We are the prisoners of the prisoners we have taken - J. Clegg
You must *be* the change you wish to see in the world - Gandhi
_------- -------_
Public Policy Network - PUBPOL-L
http://www.hhh.umn.edu/pubpol/pubpol.htm
Commands to: [log in to unmask]
Subscribe: SUB PUBPOL-L "Your Name"
_ Unsubscribe: UNSUB PUBPOL-L _
------- -------
|
