Karl & Walter LaGrand were sentenced to death in Arizona without having been informed of their rights under Vienna Convention on Consular Relations (consular assistance) Failure of what, said Germany, precluded it from protecting its nationals’ interest in the US at the trial and appeal level
Karl LaGrand was executed on 24 February 1999
Walter LaGrand was to be executed on 3 March 1999.
2 March 1999 Germany filed the case, and at the same date, 2 March 1999 7.30 pm Germany asked the ICJ to indicate forthwith and without holding a hearing, provisional measures proprio motu
Germany argued ‘Without the PM requested the US will execute Walter LaGrand before the ICJ can consider the merits and Germany will be forever deprived of the opportunity to have this status quo ante restored in the event of a judgement in its favour’
Germany asked the ICJ to indicate that ‘US should take all measures at its disposal to ensure that Walter LaGrand is not executed pending the final decision in these proceedings’
Germany based jurisdiction on art 36.1 (treaties) and Art I Optional Protocol, compulsory settlement provisions or the Vienna convention