Monday, January 19, 2009

ICJ Denies Mexico's Request for Interpretation of Avena Judgment

The International Court of Justice (ICJ) issued a decision today with respect to Mexico's request for interpretation of the ICJ's March 2004 judgment in Avena.  The Court found that the matters raised by Mexico in its request for interpretation were not matters decided by the Court in its March 2004 judgment and, thus, cannot give rise to the interpretation requested by Mexico. The ICJ stated that there is no real disagreement between the parties regarding the fact that the Avena judgment creates an obligation of result for the United States. The Court further stated that the March 2004 Avena judgment gave the United States a choice of means for implementation and did not address the issue of the judgment's direct effect on state courts in the United States.  However, the United States is under a continuing obligation to find a way to comply with that judgment.  The Court also held that the United States had breached the Court's July 2008 Order for Provisional Measures by allowing Mr. Medellin, one of the Avena defendants, to be executed in August 2008.  For more information, click here: http://www.icj-cij.org/docket/files/139/14937.pdf?PHPSESSID=a35daaeaab35b653b05acc57c35791bc

(cgb)

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