The ICJ sees no reasons for precautionary measures against Quito for assault on the Mexican embassy

The International Court of Justice (ICJ) This Thursday, it did not consider the existence of an “urgency” or a “real and imminent risk” that requires the issuance of the precautionary measures requested by Mexico against Ecuador in response to the assault on his embassy in Quito, although he emphasized “the fundamental importance” of respecting the Vienna Convention.

The court refused to issue precautionary measures today because it considered that “the guarantees given” by Ecuador already “cover the concerns expressed by Mexico.”

The Court warned that “unilateral declarations may give rise to legal obligations, and the States concerned may assume and rely on unilateral declarations, and have the right to demand that the obligation thus created be respected.”

During the hearings on the precautionary measures, at the beginning of the month, Quito went ahead and announced that it has already given written “guarantees” to Mexico that it will comply with its duty to respect and protect its personnel and diplomatic headquarters, as it had requested the Mexican Government to the ICJ, thus avoiding being subject today to orders from the judges of the UN.

Ecuador’s guarantees include “commitments to provide full protection and security to the facilities, properties and archives of the Mexican diplomatic mission in Quito, as well as to allow the eviction of said mission and the private residences of Mexican diplomatic agents,” he said. today the president of the ICJ, Nawaf Salam.

Based on this, the highest UN court decided that “the circumstances as presented before the Court are not such as to require the exercise of its power” to indicate precautionary measures against the Ecuadorian Government after attacking the Mexican Embassy in Quito and arrest Jorge Glas, former vice president of Rafael Correa (2007-2017), on April 5.

“Currently there is no urgency, in the sense that there is no real and imminent risk of irreparable harm to the rights claimed.”” for Mexico, added Salam, who read the ruling.

However, he highlighted “the fundamental importance of the principle enshrined” in the Vienna Convention on Diplomatic Relations, and reminded Ecuador that “its good faith in compliance” with the guarantees given to Mexico is presumed.

“These guarantees are especially important during the period necessary for Mexico to vacate the facilities of its Embassy in Quito, as well as the private residences of its diplomatic agents. The Court considers that the guarantees given by the Agent of Ecuador on behalf of the Government thereof, which were given publicly before the Court and were formulated unconditionally, are binding and create legal obligations for the defendant.he added.

Before concluding the session in which he announced the decision, Salam noted that ““There is no more fundamental requirement for the conduct of relations between States than the inviolability of diplomatic missions and embassies.” and remembered that, throughout history, “nations of all faiths and cultures have observed reciprocal obligations for that purpose, in particular the institution of diplomacy with its associated privileges and immunities.”

Last April, Mexico accused Ecuador before the ICJ of violating its obligations under the Pact of Bogotá, the Vienna Convention on Diplomatic Relations, the charter of the Organization of American States, and the Charter of the United Nations.

Precautionary measures are issued, if necessary, in a provisional phase, before beginning to assess the merits of the case, so this decision is not a ruling on the admissibility of the case, or on the existence or not of the violations. alleged by Mexico against Ecuador, issues that will be addressed later, still undated.