Avena Goes Back to the ICJ

Today Mexico filed a Request for interpretation of the Judgment delivered on 31 March 2004 by the International Court of Justice (ICJ) in the case concerning Avena and Other Mexican Nationals (Mexico v. United States of America). Mexico invokes Article 60 of the Statute of the Court, which provides that: “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.” A request for interpretation opens a new case. Mexico notes that in previous cases, the Court ruled that its jurisdiction to provide an interpretation of one of its own judgments “[was] a special jurisdiction deriving directly from Article 60 of the Statute”. In its Request Mexico recalls that, in the above-mentioned Avena Judgment, the Court inter alia found “that the United States had breached Article 36 of the Vienna Convention on Consular Relations in the cases of 51 Mexican nationals by failing to inform them . . . of their rights to consular access and assistance”; and that the Court determined, in paragraph 153 (9) of the Judgment, the remedial obligations incumbent upon the United States. Mexico contends that “a fundamental dispute” has arisen “between the parties as to the scope and meaning” of paragraph 153 (9) and that the Court needs “to provide guidance to the parties”….

Accordingly, Mexico asks the Court “to adjudge and declare that the obligation incumbent upon the United States under paragraph 153 (9) of the Avena Judgment constitutes an obligation of result as it is clearly stated in the Judgment by the indication that the United States must provide ‘review and reconsideration of the convictions and sentences’ but leaving it the ‘means of its own choosing’; and that, pursuant to the foregoing obligation of result,(1) the United States must take any and all steps necessary to provide the reparation of review and reconsideration mandated by the Avena Judgment; and (2) the United States must take any and all steps necessary to ensure that no Mexican national entitled to review and reconsideration under the Avena Judgment is executed unless and until that review and reconsideration is completed and it is determined that no prejudice resulted from the violation.” Today Mexico also filed in the Registry an urgent Request for the indication of provisional measures in accordance with Article 41 of the Statute. This article provides that “the Court shall have the power to indicate, if it considers that circumstances so require, any provision or measures which ought to be taken to preserve the respective rights of either Party”. Mexico explains that “provisional measures are clearly justified in order both to protect Mexico’s paramount interest in the life of its nationals and to ensure the Court’s ability to order the relief Mexico seeks”.