International Court of Justice

• Author: International Law Group

On March 31, 2004, the International Court of Justice (ICJ) delivered its opinion in the case of Avena and Other Mexican Nationals (Mexico v. United States of America) concerning the violations of death row prisoners under the Vienna Convention on Consular Relations of 24 April 1963 (21 U.S.T. 77, 596 U.N.T.S. 261 (1969).

Mexico had brought that case before the ICJ on January 9, 2003, to seek review of the death sentences imposed on specific Mexican citizens. Mexico also asked the ICJ to impose provisional measures to prevent the executions of those prisoners. On February 5, 2003, the ICJ in fact issued an Order prohibiting the U.S. from executing the specified Mexican nationals pending a final decision.

Mexico asked the ICJ to adjudge and declare "that the United States, in arresting, detaining, trying, convicting, and sentencing the 54 Mexican nationals on death row described in this Application, violated its international legal obligations to Mexico, in its own right and in the exercise of its right of consular protection of its nationals, as provided by Articles 5 and 36, respectively of the Vienna Convention; ..." Mexico requested as a remedy the restitutio in integrum, meaning the annulment of the convictions and sentences at issue. The ICJ disagrees, and notes that "reparation in an adequate form" is required. Such can be provided in the form of review and reconsideration of the conviction and sentences by U.S. courts. The exact procedure should be determined by the U.S.

The ICJ judgment states, in particular, that:

(1) The U.S. breached its obligations under Article 36, paragraph 1(b), of the Vienna Convention by not timely notifying the Mexican Consulate of the...