Embassy Law | Jan 16, 2009

Embassy Law Web Log   
Washington, DC, USA      




ICJ to Deliver Interpretation of Avena Judgment

The International Court of Justice will deliver an interpretation of their March 31, 2004 judgment concerning Avena and Other Mexican Nationals (Mexico v. United States of America) regarding the issue of consular access and assistance. Thus far, the Court has ordered the United States to review the 51 cases where Mexican nationals were incarcerated without knowledge of their rights to consular notification, directly breaching Article 36 of the Vienna Convention.

In response to pending execution dates of four Mexican nationals, the Court later ruled in July 2008, among other things, that the United States must take all measures necessary to prevent their execution until a final judgment issues. Mr. Jose Ernesto Medellin Rojas' execution in August 2008, however, led to much Mexican speculation of the American interpretation of the court orders hence the reasoning behind Mexico's request for clarification. The Court will read their interpretation of the March 31, 2004 judgment on January 19, 2009 -- Stephanie Petrew, legal assistant, Berliner, Corcoran & Rowe, LLP, Washington, DC.