The International Court of Justice (ICJ) has ruled unanimously that there is no urgency for the preventive measures requested by Mexico against Ecuador. This follows a recent incident involving a forcible entry into the Mexican embassy in Quito, Ecuador in April.
The Ecuadorian government assured Mexico, via a Note Verbale in early April, of its commitment to respect and protect the premises, property, archives of the Mexican Embassy in Quito. According to the representative from Ecuador, this commitment negated the need for the provisional measures sought by Mexico.
Despite these assurances, Mexico reiterated its request for provisional measures later in April. Mexico argued that there had been “no credible and reliable assurance 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”.
During the public hearings in late April and early May, Mexico requested the court to endorse the measures outlined in their April 11 petition. Extending from those hearings, Ecuador assured the court that it would ensure full protection and security to the premises, property, and archives of the Mexican embassy, allow Mexico to clear said premises and private residences of its diplomatic agents, and refrain from any actions that may aggravate or intensify the dispute.
The ICJ subsequently concluded that there was no need to declare provisional measures due to a low urgency level. The court stated that there is “no real and imminent risk of irreparable prejudice to the rights claimed by Mexico” and that Ecuador had clearly committed to respect the inviolability of the Mexican embassy and its diplomatic agents.
Following the court’s resolution, Ecuador’s Ministry of Foreign Affairs announced its commitment to the necessary protection on social media. Mexico responded, issuing a statement acknowledging the court’s decision as a step towards protecting Mexica’s interests.
The Mexican President, Andrés Manuel López Obrador, later expressed his belief that the case isn’t concluded yet, expressing hope for a favorable resolution for Mexico from the ICJ. He emphasised the importance of setting a precedent to ensure the respect of international law and state sovereignty.