THE HAGUE, Netherlands (CN) — Judges at the United Nation’s highest court said on Thursday a dispute between Mexico and Ecuador didn’t warrant urgent intervention and declined to issue provisional measures.
“There is no real and imminent risk of irreparable prejudice to the rights claimed by the applicant,” International Court of Justice President Nawaf Salam said at The Hague-based court., reading the brief, six-page decision.
Mexico filed the complaint in April, following a raid on its embassy in Quito. Ecuadorian security forces used a battering ram to force their way into the building and arrested former Vice President Jorge Glas. The 54-year-old was wanted on corruption charges and had been sheltering in the embassy since December.
In its initial request, Mexico asked the court to issue emergency measures, including allowing Mexican officials to clear the embassy and other diplomatic premises.
The court’s 16 judges found promises from Ecuador that it would provide full access to Mexican diplomatic property in the country compelling.
“The court is of the view that the assurances by the agent of Ecuador on behalf of his government … are binding and create legal obligations,” Salam said.
During hearings three weeks ago, Mexico told judges the raid was an attack of state sovereignty.
"There are lines in international law which should not be crossed," Alejandro Celorio Alcantara, Mexico's representative, said. After the incident, Mexico cut diplomatic ties with Ecuador and recalled its diplomatic staff.
Ecuador denied it had violated international law, calling the circumstances “exceptional” during an early hearing.
"Mexico for months misused its diplomatic premises in Quito to shelter a common criminal who been duly convicted by the highest Ecuadorian courts of very serious corruption-related offenses," Ecuador’s agent Andres Teran Parral told judges.
The country has filed its own case at the court against Mexico.
The underlying case stems from the accusation that Ecuador violated the Vienna Convention on Diplomatic Relations. The 1961 treaty is a cornerstone of international relations, granting diplomatic immunity and protecting embassies and consular buildings. The convention specifies that diplomatic premises cannot be entered by the host country without specific permission.
Speaking to reporters after the hearing, both countries welcomed the decision.
“The court highlighted, among other things, that Ecuador has given repeated assurances that it would provide full protection and security to the premises, property and archives of the Mexican Embassy in Quito,” Ecuador’s representative at the court, Andres Teran Parral, said.
Mexico said it was “very satisfied” with the outcome.
“First and foremost, the judges of the International Court of Justice ratify and express that the inviolability of the diplomatic mission is a cornerstone of the relations between the countries,” Alcantara said.
Glas had been twice convicted of corruption and was facing even more charges. After his arrest, he was taken to a maximum security facility. He refused to eat in protest and ended up hospitalized.
The case on the merits is likely to take years.
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