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The International Court of Justice (ICJ) did not consider that there is “urgency” or “real and imminent risk” that requires the issuance of precautionary measures requested by Mexico against Ecuador in response to the attack on its embassy in Quito, although it emphasized “the fundamental importance” of respecting the Vienna Convention.
The UN’s highest court ruled that “the circumstances presented before the Court are not such as to require the exercise of its power” to indicate precautionary measures against the Ecuadorian government for attacking the Mexican Embassy in Quito and detaining Jorge Glas, former deputy -president of Rafael Correa (2007-2017), on April 5th.
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However, he highlighted “the fundamental importance of the principle enshrined” in the Vienna Convention on Diplomatic Relations, in a decision that takes place at a provisional stage of the case, when the court has not yet entered into the merits of the legal proceedings against Ecuador.
The court today refused to issue precautionary measures because it considered that “the guarantees given” by Ecuador already “covers the concerns expressed by the 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 fulfill its duty to respect and protect its personnel and diplomatic headquarters, as it had requested from the Mexican government what ICJthus avoiding being subject to orders from UN judges today.
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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 allowing the eviction of said mission and the private residences of Mexican diplomatic agents,” it said today. the president of the ICJ, Nawaf Salam.
Based on this, the UN’s highest court ruled that “the circumstances 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 arresting Jorge Glas , former vice president of Rafael Correa (2007-2017)), on April 5th.
“Currently there is no urgency, in the sense that there is no real and imminent risk of irreparable damage to the rights claimed” by Mexicoadded Salam, who read the decision.
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 complying” with the guarantees given to the Mexico.
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“These guarantees are especially important during the period necessary for Mexico to vacate the premises of its Embassy in Quito, as well as the private residences of its diplomatic agents. “The Court considers that the guarantees provided by the Agent of Ecuador on behalf of its Government, which were publicly provided 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 recalled that, throughout history, “nations of all faiths and cultures have observed reciprocal obligations to this end, particularly 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, at a provisional stage, before beginning to evaluate the merits of the case, so this decision does not constitute a decision on the admissibility of the case, nor on the existence or not of the violations alleged by Mexico. against Ecuador, issues that will be addressed later, with no date yet.
Source: Elcomercio
I am Jack Morton and I work in 24 News Recorder. I mostly cover world news and I have also authored 24 news recorder. I find this work highly interesting and it allows me to keep up with current events happening around the world.
