In this latest commentary written for the Hague Justice Portal, Professor of International Law at Tilburg University, Willem van Genugten, analyses the developments in the Avena case before the International Court of Justice (ICJ). The case was brought by Mexico against the United States concerning the sentencing of 52 Mexican nationals. Mexico asserts that the USA violated its international legal obligations to Mexico.
In addition to looking at the Order for provisional measures issued by the ICJ on 16 July 2008, Professor van Genugten discusses the intriguing developments in the case before the US Supreme Court, including the dissenting opinion of Justice Breyer. The dissenting judge concluded that the USA’s obligation following the ICJ’s Avena judgment was enforceable without further domestic action.
Despite the ICJ’s Order on 16 July, one of the convicted Mexican nationals was executed in Texas on 5 August 2008.
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