In Mexico v. U.S. (2005) the ICJ decided for Mexico nationals against the U.S. in a criminal matter. In May 2005, President Bush wrote a brief directing all U.S. courts to discharge all ICJ decisions, determinations and to apply their interpretations in federal and state courts where appropriate.

After the ICJ found that the Geneva Convention protected the rights of individuals, this was added into that brief and now it is presumed that individuals are protected under treaty law as well as nations.