The United States, the International Court of Justice, and the Vienna Convention on Consular Relations: Introductory Note to Medellin v. Texas

Abstract

The U.S. Supreme Court ruled in 2008 that the ICJ decision in Avena was not directly enforceable in the United States as domestic law, and that the President lacked power to direct state courts to implement Avena. This introductory note will apear in volume 47 of International Legal Materials. It sets forth the background of Avena and other VCCR cases before the ICJ. It also discusses an advisory opinion from the Inter-American Court of Human Rights not cited by the U.S. Supreme Court. Some cases after Medellin are identified, as well as Mexico's most recent June 2008 request for an interpretation of Avena and an indication of provisional measures to prevent the execution of Mexican nationals named in the Avena judgment.

Keywords: International Court of Justice, ICJ, Vienna Convention on Consular Relations, VCCR, Medellin v. Texas, Avena, Mexico