The Court finds that the circumstances do not require the exercise of its power to indicate provisional measures

INTERNATIONAL COURT OF JUSTICE
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Press Release
Unofficial
No. 2024/46
23 May 2024
Embassy of Mexico in Quito (Mexico v. Ecuador) Request for the indication of provisional measures The Court finds that the circumstances do not require the exercise of its power to indicate provisional measures
THE HAGUE, 23 May 2024. The International Court of Justice today delivered its Order on the request for the indication of provisional measures submitted by Mexico in the case concerning the Embassy of Mexico in Quito (Mexico v. Ecuador).
Mexico requested the Court to indicate provisional measures pending a final decision in the case with respect to “legal questions concerning the settlement of international disputes by peaceful means and diplomatic relations, and the inviolability of a diplomatic mission”.
In its Order, the Court:
“Unanimously,
Finds that the circumstances, as they now present themselves to the Court, are not such as to require the exercise of its power under Article 41 of the Statute to indicate provisional measures.”
In its Order, the Court also emphasizes “the fundamental importance of the principles enshrined in the Vienna Convention on Diplomatic Relations”. In this respect, it states, as it has previously noted, that
“‘there is no more fundamental prerequisite for the conduct of relations between States than the inviolability of diplomatic envoys and embassies, so that throughout history nations of all creeds and cultures have observed reciprocal obligations for that purpose’ (United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran), Provisional Measures, Order of 15 December 1979, I.C.J. Reports 1979, p. 19, para. 38).
In particular,
‘the institution of diplomacy, with its concomitant privileges and immunities, has withstood the test of centuries and proved to be an instrument essential for effective
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co-operation in the international community, and for enabling States, irrespective of their differing constitutional and social systems, to achieve mutual understanding and to resolve their differences by peaceful means’ (ibid., para. 39)”.
The Court relies notably on assurances given by Ecuador, both in writing and during the public hearings, to conclude that the indication of provisional measures is not necessary, taking the view that those assurances are binding and create legal obligations for Ecuador. The Court thus considers that there is at present no urgency, in the sense that there is no real and imminent risk of irreparable prejudice to the rights claimed by Mexico.
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Judges BHANDARI, NOLTE, GÓMEZ ROBLEDO, CLEVELAND and AURESCU append declarations to the Order of the Court.
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A summary of the Order appears in the document entitled “Summary 2024/5”, to which the summaries of declarations are annexed. This summary and the full text of the Order are available on the case page on the Court’s website.
Earlier press releases relating to this case are also available on the Court’s website.
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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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