Mexico institutes proceedings against Ecuador and requests the Court to indicate provisional measures

INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
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Press Release
Unofficial
No. 2024/30
11 April 2024
Mexico institutes proceedings against Ecuador and requests the Court to indicate provisional measures
THE HAGUE, 11 April 2024. Mexico today filed an Application instituting proceedings against Ecuador before the International Court of Justice with regard to a dispute relating to “legal questions concerning the settlement of international disputes by peaceful means and diplomatic relations, and the inviolability of a diplomatic mission”.
In its Application, Mexico states that, on 5 April 2024, “[a]round 15 special operations agents” from Ecuador entered the Mexican Embassy in Quito “by forcible means and without authorization”. It further states that, during the incident, the Deputy Chief of Mission, Mr Roberto Canseco Martínez, was “violently assaulted” and that “[t]he agents then took Jorge David Glas Espinel . . ., former Vice-president of the Republic of Ecuador, placing him inside one of the vehicles and leaving the premises”.
Mexico contends that the incident of 5 April is not isolated but follows “a series of continued acts of intimidation and harassment”, prompted by the arrival of Mr Glas at the Mexican Embassy on 17 December 2023 and his subsequent request for asylum, which was formally filed on 20 December 2023 and later granted.
The Applicant claims that “Ecuador has violated Mexico’s rights under customary and conventional international law, as well as fundamental principles upon which the international legal system is based”. Mexico seeks to found the Court’s jurisdiction on Article 36, paragraphs 1 and 2, of the Statute of the Court and Article XXXI of the Pact of Bogotá, to which both States are parties. In light of the violations it alleges, Mexico requests the Court to award remedies including full reparation and “[t]o suspend Ecuador as a member of the United Nations”.
The Application also contains a request for the indication of provisional measures submitted pursuant to Article 41, paragraph 1, of the Statute of the Court.
Mexico requests the Court, pending a final judgment in the case, to indicate the following provisional measures:
“a) That the Government of Ecuador takes appropriate and immediate steps to provide full protection and security of diplomatic premises, their property, and archives, preventing any form of intrusion against them.
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b) That the Government of Ecuador allows the Mexican Government to clear diplomatic premises and the private residence of diplomatic agents.
c) That the Government of Ecuador ensures that no action is taken which might prejudice the rights of Mexico in respect of any decision which the Court may render on the merits.
d) That the Government of Ecuador refrains from any act or conduct likely to aggravate or widen the dispute of which the Court is sei[s]ed.”
Pursuant to Article 74 of the Rules of Court, “[a] request for the indication of provisional measures shall have priority over all other cases”.
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The Application instituting proceedings, which includes the request for the indication of provisional measures, is available on the Court’s website.
The French version of this press release will be issued in due course.
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Note: The Court’s press releases are prepared by its Registry for information purposes only and do not constitute official documents.
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The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in April 1946. The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague (Netherlands). The Court has a twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system.
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Information Department:
Ms Monique Legerman, First Secretary of the Court, Head of Department: +31 (0)70 302 2336
Ms Joanne Moore, Information Officer: +31 (0)70 302 2337
Mr Avo Sevag Garabet, Associate Information Officer: +31 (0)70 302 2394
Email: [email protected]