ICJ: Avena and Other Mexican Nationals (Mexico v. United States of America) (Request for Interpretation of Judgment)

Yesterday, June 5th, Mexico filed a Request for the interpretation of the Judgment delivered on March 31, 2004 by the International Court of Justice in the case concerning Avena and Other Mexican Nationals (Mexico v. United States of America). Mexico invoked the Court's Statute, which provides that "[i]n the event of dispute as to the meaning or scope of the judgment, the Court shall construe it upon the request of any party." Mexico asked 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."

At the same time, Mexico also made an urgent request for the indication of provisional measures, including "that the Government of the United States take all measures necessary to ensure that José Ernesto Medellín, César Roberto Fierro Reyna, Rubén Ramírez Cárdenas, Humberto Leal García, and Roberto Moreno Ramos are not executed pending the conclusion of the proceedings."

The application and the request for the indication of provisional measures are here. The ICJ press release is here.

I had suggested this possibility in a discussion of what steps Mexico might take in the wake of the Supreme Court's judgment in Medellin v. Texas.