Case Concerning Avena and Other Mexican Nationals (Mexico v. United States of America)
International Court of Justice
2004 I.C.J. 1 (March 31, 2004)
The United States failed to inform numerous Mexican nationals, including Jose Ernesto Medellin (convicted of capital murder in Texas), of their right under the Vienna Convention to have their consulate notified upon arrest, and failed to notify Mexican consular officials directly; Medellin's state and federal habeas claims raising this violation were rejected as procedurally waived. Mexico (plaintiff) sued the United States (defendant) before the ICJ on behalf of Medellin and 53 other Mexican nationals sentenced to death, seeking to overturn their convictions and sentences and requesting provisional measures staying any executions pending the Court's decision.
Whether a state that breaches an international agreement, such as the Vienna Convention's consular-notification requirements, must make adequate reparations, and what form that reparation should take.