Measures Necessary to Ensure: The ICJ's Provisional Measures Order in Avena and Other Mexican Nationals

Abstract

This article analyzes the provisional measures order of the International Court of Justice (ICJ) in Avena and Other Mexican Nationals, the first provisional measures order issued by the ICJ after its decision in LaGrand holding that such orders have binding effect. After reviewing the background to Mexico's action, the article focuses on Avena's place in the Court's provisional measures jurisprudence, its international legal significance, its potential effects, if any, on the ICJ's perceived institutional legitimacy and authority, and its legal and political consequences for the United States. In particular, the article examines the domestic legal implications of the Court's order for the United States in the context of developing international norms on capital punishment and the due process standards governing its implementation in states that continue to practice it.

Keywords: death penalty, International Court of Justice, provisional measures, relationship between international and municipal law, Vienna Convention on Consular Relations

JEL Classification: K33, K14, K49