A couple issues ago, we gave you an idea of the range of cases that have gone before the International Court of Justice (ICJ). In the last judgment issued on Monday, the ICJ made a unanimous ruling declaring that the United States of America had violated international treaty—specifically the 1963 Vienna Convention on Consular Relations, and a 2008 order of ICJ, when it executed a convicted Mexican in Texas last year. The unusual case was lodged by Mexico at the UN court against the US, with the specific complaint being against the state of Texas.
The convict in question is José Ernesto Medellín Rojas, who was killed by lethal injection after being convicted of participating in the gang rape and murder of two teenaged girls, 14 and 16 years old, when he himself was only 18. The conviction was 15 years old and finally executed last August.
Even before the execution, the ICJ had called on the US to stay certain executions, in a judgment back in 2004. That ruling called on the US to undertake a “review and reconsideration” of sentences and convictions by US courts of prisoners from Mexico.
In line with the ICJ ruling, former US president, George Bush, had made an appeal to Texas for new court proceedings, but the real contention in the appeal Bush made in respect of Medellin and 50 other Mexicans on death row elsewhere in the US was that they were improperly denied access to their consulate upon arrest, thereby putting them at a disadvantage in getting legal and other assistance in their case.
In Medellin’s case, his attorneys claimed they were not able to meet with him until after his conviction.
The ICJ had found that the US had breached a duty incumbent upon it, to stop the execution.
While the ICJ ruled in Mexico’s favor with respect of the execution, it declined another application by Mexico to require the US to give guarantees against future executions, because Mexico’s new filing was merely for an interpretation of the 2004 judgment. There are more than 40 cases like Medellin’s still pending, and only a few Mexicans on death row—of the 50-odd persons who were allegedly not informed of their right for consulate assistance—have had their cases reviewed.
Texas is reported to have acted on the strength of a ruling in the US Supreme Court in March 2008.
On Monday, the court’s judgment declared: “Mr. Medellín was executed in the State of Texas on 5 August 2008 after having unsuccessfully filed an application for a writ of habeas corpus and applications for stay of execution and after having been refused a stay of execution through the clemency process. Mr. Medellín was executed without being afforded the review and reconsideration provided for by paragraphs 138 to 141 of the Avena Judgment, contrary to what was directed by the Court in its Order indicating provisional measures of 16 July 2008.”
The case raises important issues about ensuring compliance with World Court rulings, and in this case it was said that neither the President nor the Feds were able to force Texas to comply and stay its hands in the execution, because of the US Supreme Court ruling.
In July 2008, the ICJ made an appeal specifically with respect to the Medellin case and four others, calling for a stay until US courts could undertake the review of his trial, but he was still executed the following month.
Press reports say that after the ICJ ruling the US withdrew from the respective provisions of the Vienna Convention, removing the jurisdiction of the ICJ on these matters.
Texas’s argument was that the US Congress would have needed to pass legislation to give effect to the ICJ ruling in that state – this was not done.
“The Court finds it sufficient to reiterate that its Avena Judgment [ICJ ruling of 2004] remains binding and that the United States continues to be under an obligation fully to implement it,” said Monday’s decision.
No official has so far indicated what, if any, consequences there are for the US for violating the 2004 ruling and 2008 order of the ICJ, and for carrying out the execution contrary to the ICJ ruling.
Medellin was executed at the age of 33.