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

Abstract

Consular relations — Vienna Convention on Consular Relations, 1963, Article 36 — Requirement that consulate be informed of detention of one of its nationals — Whether conferring rights upon individuals — Consequences of non-compliance — Whether evidence obtained during detention not notified to consulate must be suppressed — Extent to which complaint of non-compliance may be excluded because not raised at earlier point in proceedings — Relationship between Articles 36(1) and (2) — Remedies for non-compliance — Optional Protocol — Extent of jurisdiction

International Court of Justice — Jurisdiction — Optional Protocol to the Vienna Convention on Consular Relations, 1963 — Extent of jurisdiction conferred by Optional Protocol — Whether extending to claim for breach of provisional measures — Whether extending to claim based on customary law concept of diplomatic protection — Admissibility of claims

International Court of Justice — Provisional measures of protection — Statute of the International Court of Justice, Article 41 — Criteria for the indication of provisional measures

Treaties — Interpretation — Principles of interpretation — Vienna Convention on the Law of Treaties, 1969, Articles 31–3

Nationality — Proof of nationality — Dual nationality — Nationality of claims