INTERNATIONAL COURT OF JUSTICE ISSUES PROVISIONAL MEASURES TO PREVENT IMMINENT VIOLATION OF U.S. TREATY OBLIGATIONS

International Court of Justice - The Hague

International Court of Justice - The Hague

THE HAGUE, NETHERLANDS (MTN) – The International Court of Justice (ICJ) today determined that the United States must take “all measures necessary” to prevent the executions of José Medellín and four other Mexican nationals sentenced to death in the state of Texas. The order will remain in effect until the ICJ resolves Mexico’s request for interpretation of its 2004 Judgment in Avena and Other Mexican Nationals (Mexico v. United States of America).

The Avena case was filed by Mexico on behalf of 51 Mexican nationals who did not receive consular access upon arrest in the United States, in violation of the Vienna Convention on Consular Relations. In 2004, the ICJ issued its original decision in the case, determining that each Mexican national was entitled to a judicial hearing to ascertain whether he was harmed by the violation of his Vienna Convention rights.

Despite this binding legal obligation, the United States has failed to provide the judicial hearings mandated by the ICJ’s 2004 judgment in the vast majority of the Avena cases. José Ernesto Medellín, one of the individuals whose Vienna Convention rights were denied, is scheduled for execution in Texas on August 5th.

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