News and Developments 2008: Foreign Nationals

International Law Experts Question Supreme Court Decision in Medellin Case

Notable international law experts cited in a recent article in the Washington Lawyer criticized the Supreme Court’s 2008 decision on whether an international treaty was binding on Texas in the case of death row inmate Jose Medellin.

Execution of Foreign Nationals Raises Legal Concerns

In a 5-4 vote on August 5, the U.S. Supreme Court rejected a stay of execution for Jose Medellin, a Mexican citizen, who was then executed in Texas that night. On August 7, Heliberto Chi, an Honduran citizen, was also executed in Texas. Medellin's case had come before the Supreme Court on two previous occasions because the International Court of Justice had ruled that the U.S. had violated the Vienna Convention on Consular Relations by not informing him and other foreign nationals of their rights under that treaty. The U.S.

NEW VOICES: Request for Texas to Honor Treaty for Safety of U.S. Citizens Abroad

An op-ed by Texas state Senator Rodney Ellis and law professor Craig Jackson argues that Gov. Rick Perry and the Texas Board of Pardons should follow the International Court of Justice’s order to stay the executions of Mexican citizens in Texas. They believe the World Court’s decision was the “right thing to do” and Gov. Perry “would do well to consider how defiance of the World Court ruling will affect the safety of Americans abroad who rely on the same treaty protections that Texas violated in these cases.” The World Court held that the U.S.

International Court of Justice Orders US to Stay 5 executions

World Court

The International Court of Justice has granted Mexico’s request for an order to stay the execution of five Mexican citizens on death row in the U.S. Mexico had requested the U.N.'s highest court, commonly referred to as the World Court, to intervene because the

Mexico Asks World Court to Stay U.S. Executions of Foreign Nationals

Mexico has returned to the International Court of Justice (ICJ) in seeking a stay of execution for Mexican-born inmates in the U.S.  Mexico requested the U.N.'s highest court, commonly referred to as the World Court, to intervene because the United States has failed to comply with an earlier ICJ judgment ordering a review of the trials of the Mexican citizens. The World Court ruled in 2004 that the U.S.

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U.S. Supreme Court Exempts Texas Courts from World Court Ruling

On March 25, the U.S. Supreme Court ruled 6-3 in Medellin v. Texas (No. 06-984) that the President does not have the authority to order states to bypass their procedural rules and comply with a ruling from the International Court of Justice (ICJ).

Foreign Nationals News and Developments: 2007

Presidential Powers at Issue in Supreme Court Arguments in Texas Death Penalty Case