Courts & Tribunals

Almost buried amid the last-minute flurry of litigation over Medellin's pending execution tonight at 7 p.m. EDT, Texas has made a potentially important but ambiguous concession to the ICJ.  It has agreed to support federal habeas petitions in the future for Mexican citizens arguing that a failure of consular notification had caused prejudice to their criminal conviction and death sentence....

Like our readers, I am enjoying the terrific and sophisticated discussion on Ben Wittes' important and highly persuasive book (My short reaction: He's pretty much right about most things). I hate to interrupt this flow with non-Wittes stuff, but I couldn't resist a brief note on the growing non-U.S.-related  backlash against the ICC.   Indeed, just as the U.S. seems to...

I don't know how seriously to take Prof. Francis Boyle, who is literally dying to file an application in the ICJ on behalf of Iran against Israel and the U.S.   Still, this interview in the Iran English language news site suggests something might happen soon. And Iran might get a sympathetic hearing at the ICJ.  And it would raise...

One of the most interesting aspects of the ICJ's recent order in Avena pertains to the Court's finding of jurisdiction under Article 60 of the Statute.  Mexico filed the case as a request for interpretation about the meaning of the Avena judgment because the United States withdrew from the Optional Protocol.  Thus, the only way for the ICJ to have jurisdiction is to find a dispute...

In a both metaphorical and literal last gasp effort, Mexico has won an "indication of provisional measures" from the International Court of Justice ordering that the United States (and Texas in particular) take all necessary measures to stop the pending executions of Mexican nationals. The United States of America shall take all measures necessary to ensure that Messrs. José Ernesto Medellín Rojas, César...