Craft & Sheppard's Supreme Court Review

Enforcing Treaties 

In Medellin v. Texas, Mexico filed a claim against the U.S. in the International Court of Justice (ICJ) for violating a treaty, the Vienna Convention.  The treaty requires that individuals charged with crimes in foreign countries upon arrest be granted consular access.  The ICJ ordered that state courts review Mexican nationals’ convictions in state courts without applying state procedural default rules.  State procedural default rules would preclude state courts from considering treaty violations as a basis to disturb their convictions or for retrial.  President Bush issued a memorandum directing state courts to comply with the ICJ ruling.  The High Court held that the treaty was not self-executing, did not give Mexican nationals a private action, and the President lacked authority to order state courts not to apply procedural default rules.  The ruling has raised troubling questions.  Critics argue that if the U.S. avoids honoring the treaty as interpreted by the ICJ (to whose jurisdiction the U.S. originally consented) and in effect, the treaty does not bind American state courts, foreign governments and courts may deny consular access to American citizens arrested abroad.  The treaty was designed to protect foreign nationals charged with crimes in other nations.  The ruling prompted questions about the enforceability and effect of other treaties.