Former White House legal adviser calls for US to comply with international legal obligations

John B. Bellinger III has spoken out on the need for the US to comply with the International Court of Justice’s ruling on its obligations under the Vienna Convention on Consular Relations.

In an opinion piece in the Washington Post the former member of the Bush administration called for legislators, both Republican and Democrat, to authorise the President to review the sentences of 51 Mexicans whose right to consular access had been breached. These individuals were tried and sentenced without being given, or even being informed of their right to, the assistance of a consul from their native country. This is a right that the US State Department fiercely protects when it comes to its own citizens, and which is essential for foreigners thrown into a culturally alien and potentially arcane legal system.

Bellinger emphasised the importance of the Convention on Consular Relations in helping protect all Americans abroad who have been detained by their host countries, adding that Congress could not expect other countries to respect their obligations if the US did not comply with its own. While the previous President Bush made efforts to comply with the US’s international obligations, his executive order ordering a review of the Mexicans’ sentences was successfully challenged by the state of Texas on the grounds that he did not have the authority to do so. Congress must draft legislation authorising President Obama to order the review that the ICJ ruled necessary in the case of Avena and Other Mexican Nationals (Mexico v. USA) [2004].

Any progress that could be made on this issue would be invaluable in protecting the rights of individuals of all nationalities across the world, for example, by increasing the credibility of any intervention with Iran on this issue. We can only hope that those in Washington with the power to take action are paying attention.