MercoPress. South Atlantic News Agency

ICJ issues ruling acceptable to both Ecuador and Mexico

“These are precautionary measures, the process is not over,” AMLO argued

The International Court of Justice (ICJ) in The Hague, The Netherlands, produced a ruling Thursday that was equally welcomed by both parties in the dispute between Ecuador and Mexico over the police raid at the Embassy in Quito to arrest former Vice President Jorge Glas, who had sought asylum to avoid incarceration after being convicted of corruption.

The ICJ found that there was neither “urgency” nor a “real and imminent risk” for the issuance of any of the precautionary measures requested by Mexico against Ecuador. Nevertheless, the judicial body stressed the “fundamental importance” of respecting diplomatic immunity under the Vienna Convention and found that “the guarantees provided” by Ecuador already covered those concerns.

ICJ Chief Justice Nawaf Salam said that Ecuador had promised in a letter and in public hearings that it would provide the protection requested by Mexico, which the ICJ said was binding and created legal obligations for Ecuador. Salam also stressed the importance of the inviolability of diplomatic envoys and embassies under the Vienna Convention on Diplomatic Relations.

The Ecuadorean government of President Daniel Noboa welcomed the court's decision, which “confirms the unnecessary nature of the request” made by the government of Mexican President Andrés Manuel López Obrador (AMLO), the Foreign Ministry said in a statement.

“Mexico's request was made without taking into account Ecuador's repeated assurances that it would provide full protection and security for the premises, property, and archives of the Mexican Embassy, and that it would allow Mexico to remove all such property from the premises and private residences of its diplomatic agents. Ecuador maintains its position,” the communiqué continued.

In his daily morning press conference, López Obrador expressed confidence that the lawsuit will be successful when the final ruling is issued. “These are precautionary measures, the process is not over, what was requested in the precautionary measures was that the embassy be protected,” he stressed.

AMLO also said he was confident that the lawsuit would succeed, “but it will take time.” In the meantime, “it is important to set a precedent so that international law will never be violated again” as it was on April 5 to arrest Glas, he added.

“The Mexican government is very satisfied with the order issued today,” said Alejandro Celorio, legal advisor to the Mexican Foreign Ministry, outside the ICJ headquarters on Thursday. “Although Mexico did not obtain the provisional measures it requested before the Court, it did obtain what it was looking for: a recognition that the inviolability of diplomatic premises is absolute, that it does not accept exceptions, and Ecuador's commitment that it will not enter Mexico's premises,” he added.

Mexico filed its complaint on April 11, accusing Ecuador of violating international norms protecting diplomatic headquarters and requesting that it be suspended from the UN until it receives an apology and reparations.