‘A’ an American citizen was arrested in Mexico for having published in Texas an article alleged to constitute a libel on a Mexican citizen. Can Mexico prosecute him?
The facts of the case resemble the famous ‘cutting case’ wherein Mr. Cutting an American citizen published a libel against a Mexican national in Texas. When cutting visited Mexico he was arrested. The International Court of Justice held that Mexican court has no jurisdiction and therefore ordered the release of Mr. Cutting.
In this case also Mexico cannot prosecute ‘A’ for alleged libel publication against an Mexican in Texas. The International Court of Justice has laid down the rule that–
- A foreign should not interfere on the ground of alleged denial of Justice, until the accused has exhausted all the local remedies available to him.
- The accused need not exhaust all the local remedies, If
There is no independent Judiciary.
The injury caused is due to an executive act of the Government.
The Municipal Court cannot award damages.