Mexico Seeks ICJ Intervention Following Ecuador's Embassy Incident

This complex issue, entangled with claims of political persecution versus criminal evasion, should rightly be adjudicated by the ICJ. However, in its application to the ICJ to institute proceedings against Ecuador and its request for provisional measures, Mexico is asking the court, “to suspend Ecuador as a member of the United Nations” until it issues a public apology recognising its violations to the fundamental principles and norms of international law”.

The Government of Ecuador should spare itself and the court the agony of examining this matter by issuing an apology for the invasion of the embassy. It would be the right thing to do and would go a far way in easing the tension between the two countries and setting the pathway to normalising their relations.

In its submission, Mexico is also asking the ICJ “to set a precedent stating that a State or nation that acts as Ecuador did in the present case will ultimately be expelled from the United Nations in accordance with the procedure foreseen under Article 6 of the United Nations Charter”.

It would be truly regrettable if the dispute between Mexico and Ecuador intensified to such an extent, particularly as Article 6 states: “A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organisation by the General Assembly upon the recommendation of the Security Council.” The Article clearly envisaged that the decision to expel a member state would be a political decision residing first in a recommendation of the Security Council and a vote by the General Assembly, based on “persistent violations of the UN Charter”.

It is difficult to imagine the ICJ abrogating to itself an authority that the UN Charter gives only to the member states, particularly as the incident of invading the Mexican Embassy, while wholly egregious and unacceptable, has not happened in Ecuador before and is hardly a “persistent violation” of the UN Charter; it is more a demonstration of a badly considered political decision, which could be remedied by an appropriate apology and reparation for any damage done to the embassy.

The court will hold hearings on April 30 and May 1 to consider Mexico’s request for provisional measures against Ecuador pending a final judgment in the case. There is still time for Ecuador to step forward with an apology and for both nations to seek the court’s arbitration, concerning the status of Jorge Glas and the validity of granting him political asylum.

It is notable that Mexico and Ecuador have no history of hostilities or tensions prior to this incident. There is every basis for a mature approach to resolving this matter if Ecuador accepts responsibility and apologises for the invasion of the Mexican Embassy, and the two governments seek legal arbitration concerning their differing interpretations of the law concerning political asylum.

Within the international community, the countries of Latin America and the Caribbean need inclusivity and unity of purpose to advance their collective interests.

All should work to help Ecuador and Mexico to resolve this issue in the collective interest of the peoples of the area.

Sir Ronald Sanders is Antigua and Barbuda’s Ambassador to the US and the OAS. The views expressed are entirely his own.