In the case of Germany v. U.S. (526 U.S. 111 (1999)), two German nationals (the LaGrand brothers)
were in an Arizona prison facing the death penalty. The German government went
to the International Court of Justice (ICJ), which made a provisional ruling
that the LaGrands were not to be executed until the ICJ could rule on whether
they had been denied their rights to contact the German Embassy, as required by
the Vienna Convention on Consular Rights.
The US Supreme Court found
that the LaGrands' had waived their rights due to a procedural default,
and so they executed the LaGrand brothers anyway.
The US State Department had
forwarded the provisional ICJ order to the governor of Arizona, but did
not ask for a stay.
Afterwards, Germany pressed
the issue at the ICJ, who issued a ruling saying that provisional ICJ
decisions are binding and create a
legal obligation under international law.