From Consular Notification and the Death Penalty: The ICJ’s Judgement in Avena (April 2004 ASIL Insight):
“In January 2003, Mexico instituted proceedings in the International Court of Justice (“ICJ”) against the United States, alleging violations of the Vienna Convention on Consular Relations (“Vienna Convention”). The Vienna Convention provides that foreign nationals must be informed, without delay, of their right to communicate with their consulate when they are detained by law enforcement officials. It also requires law enforcement officials to notify the appropriate consulate if the foreign national so requests. In Avena, Mexico argued that the United States had failed to comply with the Vienna Convention in 54 separate cases involving Mexican nationals who had been convicted and sentenced to death. On March 31, 2004, the ICJ issued its ruling in the case, holding that the United States had violated the Vienna Convention in most of those cases and calling for the United States to provide review and reconsideration of the convictions and sentences in the underlying criminal proceedings.” Read More…
Memorandum from President Bush to the Attorney General Regarding Avena
ASIL Insight: The ICJ’s Judgment In Avena
An overview of the Avena decision
The ICJ's Judgement, Summary, et al. in Avena, March 31, 2004
The complete ICJ documents about the case
Avena Background
AJIL summary of the Avena Provisional Measures Order
ICJ Background: LaGrand
ICJ Background: Breard
Links to prior ICJ cases on consular notification
Avena in an Oklahoma Court
ASIL President Jim Carter comments on Avena and Torres
AJIL: Osbaldo Torres vs. Oklahoma
ILIB: Osbaldo Torres v. the State of Oklahoma
AJIL and ILIB Summaries of the Oklahoma Court of Criminal Appeals decision
Decision of the Fifth Circuit US Court of Appeals in Medellin, May 2004
Brief of International Law Experts as Amici Curiae in Support of Medellin
International Law Experts on Torres
An amicus brief filed in the case, principal drafter Lori F. Damrosch