The international Court of Justice (ICJ) unanimously rejected this Thursday the request of the Government of Mexico to order immediate provisional measures to Ecuador after the assault on the Mexican embassy in Quito, which occurred on April 5, when public forces of the South American country breached the diplomatic headquarters to arrest former Ecuadorian vice president Jorge Glas.
The former vice president was accused of corruption in Ecuador and took refuge in the Mexican embassy in December 2023 to request political asylum, which was granted hours before the irruption of Ecuadorian armed agents into the premises.
“There is no urgency”
The highest judicial court of the UN decided that for the moment “there is no urgency” to rule on preliminary measures considering that “there is no imminent risk of irreparable damage to the rights claimed by Mexico.”
Among the precautionary measures that Mexico sought was guarantee total protection and security to its diplomatic facilitiesincluding the residences of its staff in Ecuador, as well as avoiding new intrusions into those premises.
Ecuador’s promises are binding
When reading the Court’s decision, its presiding judge, Nawaf Salam, explained that the judges did not believe the provisional measures were necessary since Ecuador promised in a letter to the Court, as well as in public hearings before that court, that he will address concerns expressed by Mexico.
“The Court considers that these guarantees are binding and create legal obligations for Ecuador”Salam stressed.
The lawyer also stressed that “the most fundamental requirement for the development of relations between States is the inviolability of diplomatic envoys and embassies”.
In this sense, the Court emphasized the importance of the principles enshrined in the Vienna Convention on Diplomatic Relations, which establishes the Immunity of personnel and facilities diplomatic.
Salam added that “the institution of diplomacy, with its attendant privileges and immunities, has stood the test of centuries and has proven to be an essential instrument for effective cooperation in the international community and for enabling States, regardless of their different systems constitutional and social, achieve mutual understanding and resolve their differences by peaceful means”.
Suspend Ecuador from the UN
Mexico presented its lawsuit before the International Court of Justice on April 11, accusing Ecuador of violate international lawwhich stipulates the inviolability of diplomatic headquarters.
Likewise, he asked the Court to suspend Ecuador as a member of the United Nations until it apologizes publicly acknowledging that it violated the fundamental principles and norms of international law, and offering reparations.
During the hearings, Ecuador defended the attack on the Mexican embassy arguing that former vice president Jorge Glas is a common criminal.
The Court’s final decision in this case could take years.
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