The OAS
1.1 Organization of American States
The United States is one of the 35 members of the Organization of American
States (OAS), a regional agency created within the meaning of Article
52 of the United Nations Charter. The OAS is an international organization
created to achieve an order of peace and justice, promote solidarity and
defend their sovereignty, their territorial integrity and their independence
(Article 1 of the OAS Charter). The Charter of the OAS, which entered into
force in 1951, reaffirms that international law is the standard of conduct
of States in their reciprocal relations.
The inter-American human rights system encompasses the western hemisphere and is one of the two regional systems to have adopted a convention abolishing the death penalty (Additional Protocol to the American Convention on Human Rights to Abolish the Death Penalty, see sub-section 2.1). The other regional system (in Europe) has adopted a similar convention.
The 35 American States have adopted numerous international instruments that have become the foundation for the promotion and protection of human rights. The inter-American human rights system recognizes and defines those rights and establishes binding rules of conduct to promote and protect them, while creating organs to monitor their observance (see next sub-section). A number of Latin American nations have abolished the death penalty and the long-term worldwide trend is towards total abolition. Conversely, the membership of the OAS also includes avid supporters of the death penalty including, Jamaica, and the United States of America.
1.2 Inter-American Human Rights Commission
One of the OAS bodies charged with furthering and ensuring observation of the Inter-American human rights system is the Inter-American Commission on Human Rights (IACHR). The United States upon ratifying the Charter of the OAS in 1951, accepted the authority of the Commission.
It is important for US litigators to use both the Inter-American Commission on Human Rights of the OAS (which has jurisdiction to hear complaints against the USA) and the International Court of Justice (where the US has become the object of two complaints). Many domestic lawyers handling death penalty cases are unacquainted with the availability of this and other international mechanisms or are unfamiliar with the rules and procedures of the tribunals. Contact the International Justice Project immediately for more information, or the OAS directly (See international sources below for IACHR/OAS contact information).
In qualifying cases of extreme gravity and urgency, the Commission issues precautionary measures when it becomes necessary to avoid irreparable damage to persons in the matter before them. Upon the issue of these precautionary measures, the Commission requests that the United States preserve the life of the juvenile in question, pending their investigation of the allegations forwarded in the relevant petition.
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