sdl
New Arrival
Posts: 0
|
Post by sdl on Aug 8, 2008 14:58:13 GMT -5
....against Gov Prick Perry?
If Perry ever travels out of the US, I believe he'd be subject to arrest for violating a ICJ ruling.
To me, that would be justice..more so if he's denied access to a consul.
|
|
|
|
Post by chiefinspector on Jul 26, 2009 15:29:12 GMT -5
....against Gov Prick Perry? If Perry ever travels out of the US, I believe he'd be subject to arrest for violating a ICJ ruling. To me, that would be justice..more so if he's denied access to a consul. Absolutely not. The ICJ cannot enforce it's rulings. The ICJ issues mostly advisory opinions, only nations that consent to be bound the a ruling in a particular case are even in the realm of having the full force of law. Enforcement of even rulings which a party does consent to be bound by are dealt with by the UN security council. The United States has veto authority in the Security Council and can block any attempt to enforce any ruling as can other countries permanently on the council. In 2007 the Supreme Court issued Medellin v. Texas, see: www.supremecourtus.gov/opinions/07pdf/06-984.pdfThe Supreme Court held that the ICJ ruling was not binding upon the states because no framework existed to implement the rulings effect. The treaties and agreements don't give the courts opinion the full force of law. So even if the ICJ had the power to issue a warrant, the United States would be obliged to veto the action. |
|
sdl
New Arrival
Posts: 0
|
Post by sdl on Jul 27, 2009 1:50:41 GMT -5
....against Gov Prick Perry? If Perry ever travels out of the US, I believe he'd be subject to arrest for violating a ICJ ruling. To me, that would be justice..more so if he's denied access to a consul. Absolutely not. The ICJ cannot enforce it's rulings. The ICJ issues mostly advisory opinions, only nations that consent to be bound the a ruling in a particular case are even in the realm of having the full force of law. Enforcement of even rulings which a party does consent to be bound by are dealt with by the UN security council. The United States has veto authority in the Security Council and can block any attempt to enforce any ruling as can other countries permanently on the council. In 2007 the Supreme Court issued Medellin v. Texas, see: www.supremecourtus.gov/opinions/07pdf/06-984.pdfThe Supreme Court held that the ICJ ruling was not binding upon the states because no framework existed to implement the rulings effect. The treaties and agreements don't give the courts opinion the full force of law. So even if the ICJ had the power to issue a warrant, the United States would be obliged to veto the action. Ok...but if a sovereign European nation issued a warrant, would that warrant be binding if Perry traveled to Europe? |
|
|
|
Post by happyhaddock on Jul 27, 2009 11:18:17 GMT -5
Ok...but if a sovereign European nation issued a warrant, would that warrant be binding if Perry traveled to Europe? Sure, but the nation would have to have a citizen whose rights were violated. |
|
