An order indicating provisional measures in the case of Mr. José Ernesto Medellín Rojas was entered on 16 July 2008, and on 19 January 2009, the ICJ found that the United States breached its obligations under the 16 July order, but also that the Statute of the International Court of Justice "does not allow it to consider possible violations of the Judgment which it is called upon to interpret.

On 9 January 2003, Mexico filed a lawsuit against its neighbour, the United States of America, accusing the US of violating the Vienna Convention on Consular Relations by arresting, detaining, trying, convicting, and sentencing 54 Mexican nationals to death row without allowing Mexico its international legal obligations in accordance with Articles 5 and 36 of the Vienna Convention.

In light of the violation committed by the United States, Mexico demanded that the US restore the status quo ante and take the necessary steps to ensure that the rights afforded under Article 36 are provided.

After months of debate, the court concluded that in 51 of the cases, excluding those of César Roberto Fierro Reyna, Roberto Moreno Ramos, and Osvaldo Torres Aguilera, the United States had breached their obligation as set forth under Article 36 paragraph 1 of the Vienna Convention on Consular Relations by not informing the appropriate Mexican consular post without delay.

As reparation in this case, the United States of America was ordered to provide review and reconsideration of convictions and sentences of the Mexican nationals and implement specific measures to ensure non-repetition.