Avena case
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The Case Concerning Avena and Other Mexican Nationals (Mexico v. United States of America), more commonly the Avena case (French: Affaire Avena), was a case heard before the International Court of Justice (ICJ). In its judgment of 31 March 2004, the Court found that the United States had breached its obligations under the Vienna Convention on Consular Relations in not allowing legal representation from the Mexican consulate to meet with Mexican citizens arrested and imprisoned for crimes in the United States.
Case Concerning Avena and Other Mexican Nationals (Mexico v. United States of America) | |
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Court | International Court of Justice |
Decided | 31 March 2004 (2004-03-31) |
Citation(s) | Judgment, I.C.J. Reports 2004, 12 General List No. 128 |
Court membership | |
Judges sitting | Shi Jiuyong (President) Raymond Ranjeva (Vice-President) Gilbert Guillaume Abdul Koroma Vladlen Vereschetin Rosalyn Higgins Gonzalo Parra Aranguren Pieter Kooijmans Francisco Rezek Awn Al-Khasawneh Thomas Buergenthal Nabil Elaraby Hisashi Owada Peter Tomka Bernardo Sepúlveda Amor (ad hoc) |
Case opinions | |
Declaration: Shi Jiuyong Declaration: Raymond Ranjeva Separate Opinion: Vladlen Vereschetin Separate Opinion: Gonzalo Parra Aranguren Separate Opinion: Peter Tomka Separate Opinion: Bernardo Sepúlveda Amor |
An order indicating provisional measures in the case of Mr. José Ernesto Medellín Rojas was entered on 16 July 2008, and on 19 January 2009, the ICJ found that the United States breached its obligations under the 16 July order, but also that the Statute of the International Court of Justice "does not allow it to consider possible violations of the Judgment which it is called upon to interpret."[1][2]
In the subsequent domestic American litigation in Medellín v. Texas, the United States Supreme Court (the court of last resort concerning federal rights and international obligations) held that the Congress had not implemented laws to enable redress of violations of the Vienna Convention on Consular Relations, or to enable enforcement of decisions of the International Court of Justice, and hence the President of the United States could not do so.