The ICJ unanimously ruled on Thursday that there is no urgency to declare the preventive measures requested by Mexico against Ecuador, following the forcible entry into the Mexican embassy in Quito, Ecuador last April.
According to the resolution, Ecuador’s representative said that the Ecuadorian government notified Mexico through a Note Verbale on April 9, 2024, confirming its commitment to respect and protect the premises, property and archives of the Mexican Embassy in Quito. In his correspondence, the representative argued that there was no justification for the provisional measures sought by Mexico. However, he offered assurances on behalf of Ecuador “as a measure of goodwill” concerning the treatment of the embassy premises, property, archives and private residences involved. He also mentioned that Ecuador was open to formally recording these assurances in a court order.
Nevertheless, on April 22, Mexico restated its request for provisional measures by arguing that “no credible and reliable assurance has been provided by the Respondent to prevent further violations” and that “only a Court order indicating provisional measures could sufficiently guarantee the protection of its rights”.
Mexico also reiterated its request for provisional measures at the end of its oral observations during the public hearings held between April 30 and May 1, where Mexico asked the court to indicate the measures requested in their petition on April 11. Mexico said:
[T]he Government of Ecuador refrains from acting against the inviolability of the premises of the Mission and the private residences of [Mexico’s] diplomatic agents, and that it takes appropriate measures to protect and respect them, as well as the property and archives therein, preventing any form of disturbance.
In the same hearing, Ecuador’s representative assured the court that Ecuador would:
- “Provide full protection and security to the premises, property, and archives of the diplomatic mission of Mexico in Quito, to prevent any form of intrusion against them;
- Allow Mexico to clear the premises of its diplomatic mission and the private residences of its diplomatic agents; and
- Refrain from any action that is likely to aggravate or widen the dispute of which the [c]ourt is seized, and instead to pursue the peaceful settlement of disputes.”
It was this commitment that led the court to unanimously conclude that it was not necessary to declare provisional measures due to a lack of urgency. The court stated, “there is no real and imminent risk of irreparable prejudice to the rights claimed by [Mexico].” The court also stated that Ecuador expressed its commitment to respect the inviolability of the Mexican embassy and its diplomatic agents:
The [c]ourt considers that the assurances given by [Ecuador’s representative] encompass the concerns expressed by Mexico in its Request. They include, inter alia, commitments to provide full protection and security to the premises, property and archives of the diplomatic mission of Mexico in Quito, as well as to allow the clearing of such mission and of the private residences of Mexican diplomatic agents.
Following the publication of the resolution, Ecuador’s Ministry of Foreign Affairs announced the court’s decision on social media, emphasizing that the request was rejected as Ecuador already secured necessary protection.
Similarly, Mexico’s Ministry of Foreign Affairs issued a statement noting that the court’s decision shows progress in protecting Mexico’s interests and that the request for provisional measures prompted Ecuador to commit to respecting the inviolability of the Mexican diplomatic premises before the court.
However, Mexican President Andrés Manuel López Obrador believes the case is not over and expressed hope that the ICJ would issue a favorable resolution for his country. He said that it is important to set a precedent to ensure that international law and the sovereignty of states are not invaded.
