1 April 2004 – Foreign Affairs Secretary today said that yesterday’s judgment of the International Court of Justice (ICJ) in the Judgment in the Case Concerning Avena and Other Mexican Nationals (Mexico v. United States of America) reinforces the existing international legal rules that seek to protect the rights of migrants accused of crimes.

“Yesterday’s decision by the International Court of Justice is a victory for the rule of law and boosts the abilities of states to protect their nationals overseas. This ruling complements our own efforts at boosting international
 cooperation and strengthening international rules on behalf of migrant workers,” Secretary Albert said. The Secretary recently highlighted these efforts at the High Level Segment of the 60th Session of the Commission on Human Rights (CHR) in Geneva (DFA Press Release 194-04 and 193-04), an initiative that was supported by UN Secretary-General Kofi Annan (DFA Press Release 197-04).

The ICJ ruled that the United States had violated international law by not informing the Mexican nationals that they were entitled to consular assistance or legal help from their government as it is obligated to do under
the 1963 Vienna Convention.

“The ICJ ruling reinforces the existing legal regime on behalf of migrants. Although most host countries observe these rules, this judicial decision serves as a strong reminder to all host countries of the legal obligation to
give proper notice and to allow the consular officers of a sending state timely access to their nationals who are accused of crimes,” she added.

“I welcome in particular the declaration by the ICJ that its decision applied to other foreign nationals finding themselves in similar situations in the United States.  This is a rather unusual move as the ICJ usually takes pains to limit its decisions to the immediate parties to the case.  But by doing so, the Court’s decision, in effect, directly benefits and protects the rights of all foreign nationals in the US,” the Secretary said.

When asked if the Philippines will also observe these rules with regard to aliens in the Philippines, she said that these are treaty obligations and that the Philippines will comply and that the Department continues to remind local law enforcement agencies of the need to comply with these rules. END.