Monday, February 28, 2005

Mexico, Genocide, and the (Non)Supremacy of International Law

Central America expert David Holiday points me to this LA Times op-ed yesterday on the recent Mexican Supreme Court decision to bar an indictment for genocide against a former Mexican President. If correct, the article suggests that the recent fad for genocide indictments in Latin America are being driven almost completely by the requirements of international law. Thus, as I argued here, the Bolivian genocide indictment is probably an attempt to force the U.S. to extradite their former President. Similarly, the Mexican indictment (according to the article) was an attempt to circumvent domestic Mexican law, namely Mexico's statute of limitations. As the article explains,

In Mexico, domestic laws still trump international treaties. Although many nations have surrendered their sovereignty to international norms on human rights, Mexico has not. So, because he had no other choice, the special prosecutor resorted to the charge of "genocide" against former President Luis Echeverria in the 1971 killings of student protesters. The prosecutor believed that perhaps crimes against humanity might be punished even if murder committed long ago could not. But the court ruled the Mexican Constitution establishes a 30-year statute of limitations that not even international treaties on genocide can void.

It is not clear to me whether the decision was based on Mexican constitutional law or not, but either way, it does appear that Mexico views international law in the same way as the United States does -- that is to say, international law cannot supersede domestic law simply because it is international law (please correct me if I'm wrong about this Andreas).

There are all sorts of good reasons why domestic law, especially domestic constitutional law, should trump international law (even international human rights law) when the two kinds of law come into conflict. The U.S. has always had this rule (albeit with some permutations I won't go into here) and it is interesting that Mexico has the same approach. If so, perhaps Mexico will be more understanding if the United States Supreme Court does not go out of its way to overrule U.S. domestic law based on a judgment won by Mexico in the International Court of Justice in Medellin. OK, they almost certainly won't, but at the very least Mexico will have to recognize that all the U.S. court would be doing in Medellin, if it rules against the Mexican petitioner, would be what Mexico's own Supreme Court just did, namely, give effect to domestic over international law.


Blogger rong said...

your article is very good, but do you like the pink ghd
armani sunglasses
gucci sunglasses outlet
discount abercrombie and fitch clothes
abercrombie fitch outlet
abercrombie & fitch clothing
ed hardy wholesale
cheap ed hardy wholesale
discount ed hardy wholesale
wholesale ed hardy
ed hardy outlet
paul smith shirt
paul smith outlet
paul smith 2010
cheap paul smith
discount paul smith
paul smith shoes
Burberry scarf
Burberry outlet
cheap Burberry handbags
Burberry totes
newest Burberry
Moncler jackets
Moncler coats
Moncler Vest
discount Moncler outlet
moncler polo t shirt
newest air max
cheap air max shoes
air max outlet
discount air max
air max nike
cheap ugg boots
discount ugg boots
ugg boots
classic ugg boots
ugg classic tall boots
discount LV handbag

4/23/2010 11:24 PM  
Blogger rong said...

how do you think the AirMax BW
AirMax Huarache
AirMax LTD
AirMax Skyline
AirMax TN
AirMax Zength
AirMax 09
AirMax 180
AirMax 2003
AirMax 2006
AirMax 2009
AirMax 2010
AirMax 360
AirMax 87
AirMax 90
AirMax 91
AirMax 92
AirMax 93
AirMax 95

4/23/2010 11:26 PM  
Blogger ema said...

German type residential home Gucci seems to have exposed the pioneer imagery from her "Forever Now" system highlighting Romantic from Monaco Charlotte Casiraghi, oakley sunglasses sale minor from Caroline from Monaco. A new demonstrate to jumper, Charlotte Casiraghi was basically photographed on an equestrian putting. Typically the romantic devices stuff highlighting typically the brand's personal unsecured inflammed not to mention renewable lashes in any system celebrating her legacy of music. Cheap Oakley Sunglasses Charlotte Casiraghi happens to be described as a perfect personal preference for ones label as this wounderful woman has joined in the fun a variety of updates of this Gucci Professionals -- along with the keep going variant (December 3-5, 2011) whereby this lady competed in your Abroad Swinging Competing firms.

3/08/2012 8:46 PM  
Blogger maryjohin said...

welcome to our shop,our shop website is hollister milano and
Abercrombie and Fitch and Ralph Lauren Italia .

2/21/2013 10:07 PM  
Blogger Rainman Mark said...

I liked your article, I will share your article to everyone!!

RS gold|Diablo 3 Gold|GW2 gold|WoW Gold

3/02/2013 6:06 AM  
Blogger Learn Chinese language on hanbridgemandarin said...

The best place to Learn Chinese is in China. However, we understand that it isn't always possible to move here to study Chinese language. The next best thing is to study with our experienced teachers in a virtual classroom. Online students enjoy the same excellent way of mandarin online lesson and custom designed courseware that we provide for our face to face clients.

2/02/2015 2:48 AM  
Blogger ninest123 Ninest said...

ninest123 08.03
kate spade handbags, louboutin outlet, longchamp, true religion jeans, ray ban sunglasses, polo ralph lauren outlet, nike free, oakley sunglasses, nike outlet, coach purses, oakley sunglasses, michael kors outlet, michael kors outlet, gucci outlet, coach outlet, oakley sunglasses, michael kors, coach outlet, kate spade outlet, coach factory outlet, christian louboutin outlet, polo ralph lauren outlet, tory burch outlet, prada outlet, michael kors outlet, michael kors outlet, chanel handbags, burberry, burberry outlet online, ray ban sunglasses, louboutin shoes, michael kors outlet, nike air max, prada handbags, longchamp outlet, jordan shoes, longchamp outlet, louboutin, tiffany and co, replica watches, nike air max, tiffany jewelry

8/02/2015 10:21 PM  
Blogger ninest123 Ninest said...

new balance pas cher, air force, vanessa bruno, hermes, nike roshe run, mulberry, lacoste pas cher, sac guess, air jordan pas cher, michael kors, ray ban uk, nike blazer, hollister pas cher, michael kors, tn pas cher, nike air max, nike free run uk, north face, ray ban pas cher, ralph lauren pas cher, nike air max, converse pas cher, michael kors, hollister, abercrombie and fitch, nike free, true religion jeans, true religion jeans, air max, longchamp pas cher, burberry, nike air max, vans pas cher, hogan, ralph lauren uk, true religion outlet, north face, sac longchamp, lululemon, timberland, louboutin pas cher, oakley pas cher

8/02/2015 10:22 PM  
Blogger ninest123 Ninest said...

north face outlet, beats by dre, mont blanc, oakley, nfl jerseys, p90x workout, valentino shoes, birkin bag, insanity workout, vans shoes, nike huarache, soccer shoes, herve leger, celine handbags, new balance, nike roshe, mac cosmetics, abercrombie and fitch, asics running shoes, mcm handbags, reebok shoes, lululemon, nike roshe, bottega veneta, longchamp, jimmy choo shoes, giuseppe zanotti, wedding dresses, north face outlet, babyliss, chi flat iron, ferragamo shoes, iphone 6 cases, nike trainers, baseball bats, nike air max, hollister, ghd, soccer jerseys, instyler, timberland boots, hollister

8/02/2015 10:24 PM  
Blogger ninest123 Ninest said...

pandora charms, karen millen, ugg boots, juicy couture outlet, juicy couture outlet, swarovski, pandora jewelry, hollister, ugg,ugg australia,ugg italia, ugg boots, converse, hollister, supra shoes, louboutin, montre pas cher, ugg,uggs,uggs canada, vans, uggs on sale, marc jacobs, ralph lauren, toms shoes, bottes ugg, thomas sabo, gucci, lancel, pandora charms, ray ban, ugg pas cher, ugg boots, replica watches, links of london, ugg boots, wedding dresses, nike air max, swarovski crystal, ugg boots uk, coach outlet, converse outlet
ninest123 08.03

8/02/2015 10:25 PM  

Post a Comment

<< Home