Request for Interpretation of the Judgment of 31 March 2004 in the Case concerning Avena and Other Mexican Nationals (Mexico v. United States of America) (Mexico v. United States of America) - Conclus

INTERNATIONAL COURT OF JUSTICE

Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website: www.icj-cij.org

Press Release
Unofficial

No. 2008/18
20 June 2008

Request for Interpretation of the Judgment of 31 March 2004 in the Case concerning

Avena and Other Mexican Nationals (Mexico v. United States of America)
(Mexico v. United States of America)

Conclusion of the public hearings on Mexico’s request
for the indication of provisional measures

THE HAGUE, 20 June 2008. The public hearings on the request for the indication of
provisional measures submitted by Mexico to the In ternational Court of Justice (ICJ) in the case

concerning Request for Interpretation of the Judgment of 31 March 2004 in the Case concerning
Avena and Other Mexican Nationals (Mexico v. United States of America) (Mexico v. United
States of America) were concluded today.

Mexico submitted its request on 5 June 2008 (see Press Release No. 2008/15).

Two rounds of public hearings were held on Thursday 19 and Friday 20 June 2008 at the
Peace Palace, The Hague, seat of the Court. During the hearings, the delegation of Mexico
was led by H.E. MrJ.uaManueGl ómez-Robledo, Ambassador, Under-Secretary for
Multilateral Affairs and Human Rights, Ministry of Foreign Affairs of Mexico;

H.E. Mr. Joel Antonio Hernández García, Ambassador, Legal Adviser, Ministry of Foreign Affairs
of Mexico; and H.E. Mr.Jorge Lomónaco Tonda, Ambassador of Mexico to the Kingdom of the
Netherlands, as Agents. The delegation of the United States of America was led by
Mr. John B. Bellinger, III, Legal Adviser, United States Department of State, as Age
nt.

The Court’s decision will be delivered at public sitting in the coming weeks, the date of
which will be announced in due course.

At the end of the oral proceedings, the Parties presented the following conclusions:

For Mexico:

“The Government of the United Mexican States, acting on its own behalf and in the exercise
of its right to afford diplomatic protection to its nationals, requests that this honourable Court issue
an order indicating:

(a)that the United States, acting through all its competent organs and all its constituent
subdivisions, including all branches of government and any official, state or federal, exercising
government authority, take all measures necessary to ensure that José Ernesto Medellín,
CésarRoberto Fierro Reyna, Rubén Ramírez Cárdenas, Humberto Leal García, and

Roberto Moreno Ramos are not executed pending th e conclusion of the proceedings instituted - 2 -

by Mexico on 5 June 2008, unless and until the five Mexican nationals have received review
and reconsideration consistent with paragraphs138 to 141 of this Court’s Avena Judgment;

and

(b)that the Government of the United States inform the Court of all measures taken in
implementation of subparagraph (a).”

For the United States of America:

“That the Court reject the request of Mexico for the indication of provisional measures

of protection and not indicate any such measures, and that the Court dismiss Mexico’s
application for interpretation on grounds of manifest lack of jurisdiction.”

___________

The verbatim records of the hearings held on 19 and 20 June 2008 are available on the
Court’s website (www.icj-cij.org).

___________

Information Department:

Mrs. Laurence Blairon, Secretary of the Court, Head of the Department (+31 70 302 23 36)
Messrs. Boris Heim and Maxime Schouppe, Information Officers (+31 70 302 23 37)
Ms Joanne Moore, Associate Information Officer (+31 70 302 23 94)