Friday, January 9, 2009
For those of you who have been following the Avena litigation at the International Court of Justice (ICJ), the ICJ has announced that it will issue its next judgment in the case on Monday, January 19. By way of background, this is the case in which Mexico sued the U.S. for its failure to provide consular notification to 54 Mexican nationals who were tried and convicted of capital crimes in the U.S. The ICJ found that the U.S. is in violation of its obligation to provide consular notification under Article 36 of the Vienna Convention on Consular Notification, but the U.S. has not yet found a satisfactory way to implement that judgment. Unhappy with the United States' inability or unwillingness to provide a satisfactory remedy, Mexico went back to the ICJ to request an interpretation of the ICJ's previous Avena judgment with respect to the proper remedy.