Case Concerning Avena and other Mexican Nationals
(Mexico v. United States of America)
2004 I.C.J. 1 (Mar 31)
- 51 Mexican nationals were in
jail on various charges, including three prisoners who had been convicted
of a capital crime and were on death row.
- At the time of their arrests
the prisoners were not warned that they had a right to contact the
- Under the Vienna
Convention on Consular Rights 36(1)(b),
foreign nationals have a right to contact their embassy when arrested.
- The US was a party to the
- Mexico went to the
International Court of Justice (ICJ) who ordered the US to "take all
measures necessary" to prevent the execution.
- The ICJ found that the US was
in breech of their treaty obligations.
- The ICJ found that in order
to 'make it good', the US would have to review the sentences of the
- Mexico had pushed to have
the sentences annulled, but the ICJ didn't feel that was required.