Nowadays, it is becoming more complicated to find consensus in issues such as security both domestic and international. International law is not able to resolve every current complex problem in the international community. It happens that there are discrepancies between a state legal system and international law. In spite of supremacy of international treaties over domestic law some states disregard this rule.
The example is US(Texas authourities) actions against Mexican national Edgar Tamayo, who was executed after twenty years of commiting crime. However, the offense was rather serious, the murder of the police officer, Guy Gaddis. He was chasing the robber,afterwards he was shot by Tamayo according to witnesses. Unfortunately, this was not the only offense, commited by the Mexican national. His staying in US was illeal, in addition he was paroled in California.
The point of this case is that during the trial process Edgar Tamayo didn't use his right to get help from Mexican consulate. Therefore, he appealed a request for clemency from Texas jurisdiction, though it was rejected. Mexican officials tried to assist its national through diplomatic tools. Particularly, John Kerry asked Texas Attorney General Greg Abbott to delay Tamayo's punishment, saying it "could impact the way American citizens are treated in other countries."
Nonetheless,Texas authorities neglected to wait justifying by the fact that it is not important what nation you are, you would be treated as any other citizen of the US or nnot. If you commit a crime in the territory of Texas, you shold be tried and death penalty would be one of the possible consequenses.
Still there is no legislation in the USA to resollve such cases in favour of accused.
By the way, Texas is the state leading at fulfilling capital punishments in the US.
https://www.youtube.com/watch?v=SnyxDR0Y2gY
Malika, you have elaborated on a very critical issue of the US and Mexican biltateral relations. It is very vital that you have highlighted complex problems related to Consulate functions in host countries. You have put this piece of blog writing in your own words. International affairs, international relations, international law along with domestic law hiccups are reflected in your work. You are on the right track!
ReplyDeleteYour grade for the first blog is 95%. In a nutshell, you have done a great job!
ReplyDeleteThe example providing by Malika is very common, I mean ignoring international law, when the interests of the state are placed higher. And the USA often disregards the rules.
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