Suwandi, Aura Widianitama and Trihastuti, Nanik and Hananto, Pulung Widhi Hari (2026) THE RECEIVING STATE RESPONSIBILITY TOWARDS THE VIOLATION OF INVIOLABILITY PRINCIPLE ON DIPLOMATIC MISSION IN THE PERSPECTIVE OF VIENNA CONVENTION 1961 (The Invasion of the Mexican Embassy by Ecuador’s Security Forces case in 2024). _018 HI 2026. Undergraduate thesis, Fakultas Hukum Universitas Diponegoro.

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Abstract

The invasion conducted by the Ecuador’s Security Forces towards the Embassy of Mexico in Quito was carried out for the purpose of arresting Jorge Glas, the Former Vice President of Ecuador, who seek for asylum, has caused a diplomatic conflict and International legal issue. This research analysed the obligations of Mexican Embassy to surrender Jorge Glas to the Government of Ecuador as well as to assess whether those invasion constitutes a violation to the Inviolability Principle of Diplomatic Mission as stipulated on Vienna Convention on Diplomatic Relations 1961, which entails the state responsibility towards the Receiving State. This research used a normative juridical legal research using both statutory and case approach. Data collection was done through library research and web research, which were then analysed by using legal interpretation method, especially the systematic interpretation method of the relevant legal norm. The research found that the Embassy of Mexico was not obligated to grant diplomatic asylum to Jorge Glas, due to he was a common crime offender and has been found guilty by the competent court in Ecuador for the Bribery and misuse of funds case and has not yet finished his remaining sentences, therefore the asylum granted to him must be terminated by handing over Jorge Glas to the Ecuador State Authorities. The invasion conducted by the Ecuador’s Security Forces to the Mexican Embassy constitutes a violation of International Obligations, particularly the protection of the Inviolability Principle of Diplomatic Mission which can be attributed to Ecuador that entails theresponsibility to Ecuador. Ecuador is obligated to give a full reparations to the losses incurred. The Receiving State should respect and uphold the inviolability of diplomatic mission and resolving diplomatic issues through peaceful diplomatic measures rather than though coercive measures. There is also a need for clearer regulations in International Law related to the granting of diplomatic asylum, as well as the appropriate measures that could be taken without violating the Inviolability of the Premise of the Mission.
Keyword: Receiving State Responsibility, Inviolability Principle, Diplomatic Mission, Vienna Convention 1961 on Diplomatic Relations.

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