Ecuador and Mexico Face Off in International Court Over Embassy Case

Ecuador and Mexico confronted each other at the International Court of Justice (ICJ), during the first hearing after the Mexican complaint against Ecuador for the assault on its embassy. The former vice-president of Ecuador Jorge Glas had been a refugee in the diplomatic headquarters since he was granted political asylum by Mexico last December.

Glas is being investigated for a case of alleged corruption in his country, where he has already been convicted twice for similar cases.

The assault on the diplomatic headquarters generated a diplomatic scandal and received the condemnation of the international community, including that of the Organization of American States (OAS). In today’s session, April 30, before the ICJ, Mexico alleged that in the assault on its embassy in Quito “lines were crossed that should not be crossed”.

For its part, Ecuador sued Mexico in the same court for granting asylum to Jorge Glas, alleging that this action violates international law, since the former vice-president already had judicial convictions at the time he requested the asylum that Mexico finally granted him in December.

Mexico accuses Ecuador of embassy assault

In the Mexican complaint for the assault on its diplomatic headquarters in Quito, Alejandro Celorio, head of the Mexican delegation to the ICJ, said that “Ecuador’s actions not only violate the limits established in international law, but also create a disconcerting precedent that reverberates throughout the international community”.

Celorio said that with this action Ecuador violated “one of the cornerstones that govern relations between States”, calling the act “deliberate negligence”. It should be recalled that the Ecuadorian police raided the Mexican diplomatic headquarters, where they forcibly removed Jorge Gras and even assaulted the Mexican ambassador, Roberto Canseco.

“This incursion clearly shows Ecuador’s lack of respect for the fundamental norms, universally accepted and that have existed for a long time”, reproached Celorio, who emphasized the defiant attitude of the Ecuadorian authorities once the incident occurred at the Embassy.

Furthermore, Celorio stated that “we have not been given credible guarantees to avoid new infringements, nor has Ecuador fully acknowledged its obligation not to enter into Mexico’s premises”. The Mexican representative before the ICJ insisted on the “concern for the international community” that the matter entails, recalling the inviolability of diplomatic premises according to international law.

Finally, Mexico requested precautionary measures against Ecuador to “protect and respect” not only the facilities, but also “the property and archives” located therein, “preventing any form of disturbance”. In addition, Mexico requested that the government of Ecuador allow Ecuador to vacate the diplomatic facilities and the private residence of the Mexican diplomatic agents.

Ecuador sues Mexico for granting asylum to Jorge Glas

Meanwhile, yesterday, April 29, Ecuador sued Mexico before the same international court for having granted asylum to former vice-president Jorge Glas, who faces charges for allegedly embezzling funds collected to help the reconstruction of the province of Manabi after the 2016 earthquake. It is also the case that Glas already had two convictions handed down by the Ecuadorian justice system.

The country presided over by Daniel Noboa considers that the granting of asylum by Mexico was a violation of international law. In this sense, Ecuador alleges that Mexico “did not comply with its international obligations by granting asylum to the former vice-president”, since he was already convicted “twice for corruption”, as stated by the Ecuadorian representative in his complaint before the ICJ.

In the complaint, Ecuador considers that granting asylum to Glas was an “interference in national affairs” and highlights some “insulting” statements of the Mexican president, Andres Manuel Lopez Obrador, according to the Ecuadorian Ministry of Foreign Affairs. The comments in question to which the lawsuit refers were made by the Mexican head of state, after the assault on his embassy in Quito, when he affirmed that the victory of President Noboa in Ecuador was thanks to the murder of the candidate Fernando Villavicencio.

The case before the International Court of Justice

Judgments issued by the ICJ are considered to be the highest authority on the resolution of disputes between States. However, they often take years and the ICJ’s ability to enforce its decisions is limited. Unlike national courts, the ICJ does not have a body for direct enforcement of its judgments.

First, ICJ judgments depend on the willingness of the states involved to abide by them. Although the vast majority of States respect and comply with the Court’s decisions, there are cases in which political disputes or national interests prevent their effective implementation. This highlights the sovereign nature of States and the difficulty of enforcing judicial decisions at the international level.

Moreover, the lack of effective enforcement mechanisms limits the ICJ’s ability to enforce its judgments. Although the UN General Assembly can take diplomatic measures to put pressure on reluctant States, these actions rarely lead to full and satisfactory compliance.