Thursday, June 5, 2008

ICJ: Mexico Asks for an Interpretation of Avena and Seeks Urgent Provisional Measures

Following the U.S. Supreme Court's decision in Medellin v. Texas, which held that the 2004 judgment of the International Court of Justice in AvenaMexico United_states_2was not directly enforceable as domestic law in the United States, Mexico has filed a request today with the International Court of Justice to interpret the Avena judgment.  Mexico also asked for the urgent indication of provisional measures.

MIcjexico invoked article 60 of the Statute of the International Court of Justice, which allows the ICJ--upon request of any party--to construe the meaning or scope of a judgment.  "In the event of dispute as to the meaning or scope of the judgment, the Court shall construe it upon the request of any party."

Mexico asked for urgent preliminary measures because the State of Texas has set an execution date of August 5, 2008 for Jose Ernesto Medellin Rojas.  Mexico is seeking to prevent his execution, and the execution of others named in the request.

The U.S. Supreme Court judgment in Medellin found that neither the Avena judgment nor a presidential memorandum to the U.S. Attorney General constituted binding law that would displace state procedural default rules.

Click here for the ICJ press release.

Volume 47 of International Legal Materials will include an introductory note to the Medellin case.  Click here. 

(mew)

http://lawprofessors.typepad.com/international_law/2008/06/icj-mexico-asks.html

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Comments

What would be the proper procedure for foreigners who are NOT-Mexicans on death row in the USA to obtain protection under the Avena ruling and the proposed injunction?

Is there a way for other countries to file before the ICJ on this case? Some of the NON-Mexican foreign nationals are scheduled to die soon in the Texas death chamber.

Posted by: Terence O'Rourke | Jun 17, 2008 2:08:21 PM

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