(Image Source: Texas Department of Criminal Justice)
BY MEGAN NOE
You're watching multisource US video news analysis from Newsy.
A planned execution has sparked protests from more than just death penalty opponents-- even the White House is opposing a Texas execution that could have international implications.
The condemned man is a Mexican nationalist named Humberto Leal. In 1995 he was convicted of raping and murdering a 16-year-old girl in San Antonio. The controversy? Fox News explains.
“Critics, including the Obama administration, say Leal was never given proper access to the Mexican consular, to get him things like legal assistance and help him navigate the U.S. justice system. They say that is a violation of the Vienna Treaty, signed back in 1963.”
This isn’t a new issue. In 2004- the International Court of Justice said the U.S. had breached the treaty-- but the Supreme Court ruled states don’t have to comply with the treaty because there isn’t a federal law requiring them to do so.
Politico reports, the issue is bringing people together across party lines to pass a law to change that.
“The Leal case has brought together unlikely allies. Both President Barack Obama, former President George W. Bush and the United Nations have all asked [Texas Governor Rick] Perry to stay the execution. [the] Solicitor General ...filed an amicus brief with the high court arguing ‘vital national interests’ would be harmed if Texas executes Leal.”
A stay of execution would give Congress time to vote on a bill requiring states to comply with the Vienna Convention treaty. A State Department spokesperson tells ABC News...
“‘The concern is that if we don't set a good example here and allow foreign governments to visit their citizens who are detained or arrested, we could face reciprocal denial of access for our consular officials when American citizens find themselves arrested or detained overseas.’”
Others worry that failing to comply with international treaties could make others reluctant to enter into future treaties with the U.S. Governor Perry, however, shows no signs of backing down-- a stance some say may help position him for a presidential run.
“If Perry opts to run for president (and the evidence continues to suggest he will), his first task would be to woo the conservative primary season voters. And if there's one thing those voters don't like, it's the notion that foreigners would dare tell Americans what to do. ...killing Garcia today would be a handy way to say that the U.S.A. doesn't cotton to foreigners...” (NewsWorks)
Unless the Court steps in Thursday evening, Leal is likely to be executed. But The Atlantic asks the big question: does it matter?
“The case has also revealed an uncomfortable truth about international law ...In principle, even-handed arbitration of international disputes sounds reasonable. But, in practice, geopolitics -- and, sometimes, domestic politics -- win the day.”
Transcript by Newsy.