The Fifth Circuit Court of Appeals has re-iterated its position that the International Covenant on Civil and Political Rights is not U.S. law. As such, a death row inmate may not challenge Texas’s clemency process on the basis that it violates the ICCPR. The decision notes that the First and the Sixth Circuits have reached similar conclusions.
The case is Roach v. Quarterman, 2007 U.S. App. LEXIS 4224.