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    1) The UN General Assembly resolution urges full and immediate compliance with the 2004 judgment of the International Court of Justice in the case concerning Avena and Other Mexican Nationals. 2) The ICJ judgment found that the US violated the Vienna Convention on Consular Relations by failing to inform 52 Mexican nationals on death row of their right to consular access. 3) The resolution notes that 6 of the Mexican nationals have since been executed, in violation of the ICJ decision, and that the US still has not provided judicial review and reconsideration of the cases as ordered.

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    1) The UN General Assembly resolution urges full and immediate compliance with the 2004 judgment of the International Court of Justice in the case concerning Avena and Other Mexican Nationals. 2) The ICJ judgment found that the US violated the Vienna Convention on Consular Relations by failing to inform 52 Mexican nationals on death row of their right to consular access. 3) The resolution notes that 6 of the Mexican nationals have since been executed, in violation of the ICJ decision, and that the US still has not provided judicial review and reconsideration of the cases as ordered.

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    9 views2 pages

    A Res 73 257-En

    Uploaded by

    Gabriel
    1) The UN General Assembly resolution urges full and immediate compliance with the 2004 judgment of the International Court of Justice in the case concerning Avena and Other Mexican Nationals. 2) The ICJ judgment found that the US violated the Vienna Convention on Consular Relations by failing to inform 52 Mexican nationals on death row of their right to consular access. 3) The resolution notes that 6 of the Mexican nationals have since been executed, in violation of the ICJ decision, and that the US still has not provided judicial review and reconsideration of the cases as ordered.

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    © All Rights Reserved
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    United Nations A/RES/73/257

    General Assembly Distr.: General


    23 January 2019

    Seventy-third session
    Agenda item 125 (a)

    Resolution adopted by the General Assembly


    on 20 December 2018
    [without reference to a Main Committee (A/73/L.63)]

    73/257. Judgment of the International Court of Justice of 31 March 2004


    concerning Avena and Other Mexican Nationals: need for
    immediate compliance

    The General Assembly,


    Recalling its resolution 41/31 of 3 November 1986,
    Noting that, under the Charter of the United Nations, the International Court of
    Justice is the principal judicial organ of the United Nations and that each Member
    undertakes to comply with the decision of the Court in any case to which it is a party,
    Aware of the Judgment of the International Court of Justice of 3 1 March 2004
    in the case concerning Avena and Other Mexican Nationals, 1 relating to violations of
    the obligation to provide consular information without delay and to enable consular
    officers to communicate with, have access to and visit their nationals and to arrange
    for their legal representation, in accordance with the Vienna Convention on Consular
    Relations of 24 April 1963, 2 with respect to 52 Mexican nationals who had been
    sentenced to death in certain states of the United States of America, and in particular
    of paragraph 153 (9), in which it was established that the appropriate reparation
    consists in the obligation of the United States of America to provide, by means of its
    own choosing, review and reconsideration of the convictions and sentences of
    51 Mexican nationals included in the Judgment,
    Aware also of the Judgment of the International Court of Justice of 19 January
    2009 regarding the request for interpretation of the Judgment of 3 1 March 2004, 3 in
    particular of paragraph 61 (2), in which it was established that the United States of

    __________________
    1
    Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 4 (A/59/4),
    chap. V, sect. A.23.
    2
    United Nations, Treaty Series, vol. 596, No. 8638.
    3
    Official Records of the General Assembly, Sixty-fourth Session, Supplement No. 4 (A/64/4),
    chap. V, sect. B.12.

    18-22638 (E) 250119


    *1822638*
    Judgment of the International Court of Justice of 31 March 2004 concerning
    A/RES/73/257 Avena and Other Mexican Nationals: need for immediate compliance

    America had breached the obligation incumbent upon it under the Order indicating
    provisional measures of 16 July 2008, 4 in the case of Mr. José Ernesto Medellín Rojas,
    Having considered that, to date, neither revision nor reconsideration has been
    granted to the Mexican nationals included in the Judgment of 31 March 2004,
    Considering that six of the Mexican nationals included in the Judgment of
    31 March 2004 have been executed, 5 in clear violation of the decision of the Court,
    constituting new breaches of the international obligations in cumbent upon the United
    States of America and causing additional harm to Mexico,
    Urgently calls for full and immediate compliance with the Judgment of the
    International Court of Justice of 31 March 2004 in the case concerning Avena and
    Other Mexican Nationals 1 in conformity with the relevant provisions of the Charter
    of the United Nations.

    63rd plenary meeting


    20 December 2018

    __________________
    4
    Ibid., Sixty-third Session, Supplement No. 4 (A/63/4), chap. V, sect. B.15.
    5
    José Ernesto Medellín Rojas (2008), Humberto Leal García (2011), Edgar Tamayo Arias (2014),
    Ramiro Hernández Llanas (2014), Rubén Cárdenas Ramírez (2017) and Roberto Ramos Moreno
    (2018).

    2/2 18-22638

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