Law and Rights
Updates: Assange spoke from the Embassy on Sunday 19th August - see BBC. The Head of Legal blog has considered some aspects of this. A good article from Scotland is that by advocate Niall McCluskey - "Assange - what's going on?"
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"To jaw jaw is always better than to war war" - Churchill 1954
Please see the earlier post Julian assange ~ Quo Vadis
Former diplomat - Sir Brian Barder KCMG - has no doubt that a threat to withdraw diplomatic status from the Embassy was at least implicit in an Aide Memoire in which the British government set out its view of the legal position and claimed a right to arrest Assange in the Embassy. See the post on the Brian Barder blog - "Assange: the FCO seems to have lost the plot - here's what to do." Part of the aide memoire states:
As argued in Julian Assange ~ Quo Vadis, it is debatable whether in the context of Julian Assange the Diplomatic and Consular Premises Act 1987 can be properly interpreted in the way suggested by the second of those bullet points. I do not think it does but the answer to that could only be found by lengthy and costly legal action which would inevitably end up in the Supreme Court of the United Kingdom. (I will leave aside for now any possibility of the matter being referred to the International Court of Justice. Only States may be parties to cases there - Art. 34 of the Court's statute). Also left aside is any possible conciliation or arbitration under the Vienna Convention on the Compulsory Settlement of Disputes. A particularly thorough article on the inviolability of diplomatic premises is at European Journal of International Law - "The Julian Assange affair: May the UK terminate the Diplomatic status of Ecuador's Embassy?"
Whatever view may be taken in the UK of this aide memoire, a very serious view of it is being taken by the Organisation of American States (OAS).
The Permanent Council of the Organization of American States (OAS) has decided to convene a meeting of Foreign Ministers to discuss the situation between Ecuador and the United Kingdom - see OAS announcement.
The resolution, adopted with 23 votes in favor, 3 against, 5 abstentions and 3 absent, convenes the Foreign Ministers of the OAS Member States to meet on Friday, August 24 at 11:00 EDT (16:00 GMT) at the headquarters of the organization in Washington, DC. The purpose of the meeting will be to "address the situation between Ecuador and the United Kingdom of Great Britain and Northern Ireland regarding the inviolability of the diplomatic premises of Ecuador in the United Kingdom of Great Britain and Northern Ireland in accordance with international law, and to agree on appropriate measures to be adopted."
It seems clear enough that any attempt by the UK to violate the Ecuadorean Embassy is likely to have very significant political repercussions.
The Guardian 17th August published Julian Assange extradition: Ecuador 'willing to co-operate' with Britain
This article points to the increased Police presence at the Embassy - a matter on which the Police have, so far, declined to comment. The Police presence might be explainable by the duty on a host State - under the Vienna Convention Article 22(2) - to protect the Embassy. However, the article quotes a "senior Ecuadorean source" as saying that the increase in Police presence is "an absolutely intimidating and unprecedented use of police" designed to show the British government's desire to "go in with a strong hand".
However this may be, the same source is quoted as indicating that Ecuador has proposed an undertaking between the UK and Sweden that, once Julian Assange has faced the Swedish investigation, he will not be extradited to a third country: specifically the US. Clearly, there are tensions between the Ecuadoreans and the UK government but, for now, it remains "jaw jaw."
On 16th August, Sweden's news in English reported that Police had actually entered the Embassy. As things stand, they could only lawfully do this with the clear agreement of the Ambassador.
- Assange Diplomatic Asylum ~ Organisation Of American States ~ Assange
Update 3rd September: Foreign Secretary William Hague' statement to Parliament. --- Having met at Washington DC on 24th August 2012 to consider the situation between Ecuador and the United Kingdom, the Organisation of American States (OAS)...
- An Interesting Question - What If Mr Assange Ever Got To Sweden?
Recommended reading: A post on the Pal Wrange blog is well worth reading on this subject and offers a similar view to that in my post below and also looks at whether Assange could now be extradited from the UK directly to the USA. --- Julian Assange...
- Assange ~ Breach Of Bail ~ Status Of Embassies
It is reported (e.g. Guardian 20th June) that Mr Julian Assange has entered the Embassy of Ecuador . Another article (BBC 20th June - Wikileaks founder Julian Assange faces arrest, police say ) comments: - "Our correspondent said that, as Mr Assange had...
- Assange: Supreme Court Decision
This morning the Supreme Court ruled that the request by the Swedish prosecutor for the extradition of Mr Julian Assange was lawfully made - see Judgment and Press release. For the purposes of the European Framework Decision creating the European...
- How The Eu Continues To Expand Its Influence Over Criminal Matters
Mr Assange (founder of Wikileaks) has been arrested under a European Arrest Warrant (EAW) issued by Sweden - see BBC 8th December 2010. The EAW refers to sexual offences alleged to have been committed in Sweden. Mr Assange was refused bail...
Law and Rights
Assange: Jaw Jaw
On BBC iPlayer - (but only available for 7 days from 16th August) - is a discussion with Pete Weatherby QC of Garden North Chambers, Manchester. Mr Weatherby is categoric in his view the there is no power in the Diplomatic and Consular Premises Act 1987 to enable the arrest of Assange in the Ecuadorean Embassy. Mr Weatherby suggests that the idea came from someone who left their brain on the beach - see Garden Court North website.
Asylum - Some Notes~ Watching the Law blog ~ Some notes on international law of asylum - where it is argued that there is no basis in international law for the grant by Ecuador of diplomatic asylum to Mr Assange. Also, Ricardo Patiño Aroca ~ Why Ecuador granted asylum to Julian Assange
---
"To jaw jaw is always better than to war war" - Churchill 1954
Please see the earlier post Julian assange ~ Quo Vadis
Former diplomat - Sir Brian Barder KCMG - has no doubt that a threat to withdraw diplomatic status from the Embassy was at least implicit in an Aide Memoire in which the British government set out its view of the legal position and claimed a right to arrest Assange in the Embassy. See the post on the Brian Barder blog - "Assange: the FCO seems to have lost the plot - here's what to do." Part of the aide memoire states:
- We must reiterate that we consider the continued use of the diplomatic premises in this way incompatible with the Vienna Convention and unsustainable, and that we have made clear the serious implications of same for our diplomatic relations.
- You should be aware that there is a basis in law in the UK (the Diplomatic and Consular Premises Act 1987) that would permit us to take steps to arrest Mr Assange within the current premises of the embassy.
- We sincerely hope that such a point is not reached, but if you cannot resolve the presence of Mr Assange on your premises, that route is open to us.
As argued in Julian Assange ~ Quo Vadis, it is debatable whether in the context of Julian Assange the Diplomatic and Consular Premises Act 1987 can be properly interpreted in the way suggested by the second of those bullet points. I do not think it does but the answer to that could only be found by lengthy and costly legal action which would inevitably end up in the Supreme Court of the United Kingdom. (I will leave aside for now any possibility of the matter being referred to the International Court of Justice. Only States may be parties to cases there - Art. 34 of the Court's statute). Also left aside is any possible conciliation or arbitration under the Vienna Convention on the Compulsory Settlement of Disputes. A particularly thorough article on the inviolability of diplomatic premises is at European Journal of International Law - "The Julian Assange affair: May the UK terminate the Diplomatic status of Ecuador's Embassy?"
Whatever view may be taken in the UK of this aide memoire, a very serious view of it is being taken by the Organisation of American States (OAS).
The Permanent Council of the Organization of American States (OAS) has decided to convene a meeting of Foreign Ministers to discuss the situation between Ecuador and the United Kingdom - see OAS announcement.
The resolution, adopted with 23 votes in favor, 3 against, 5 abstentions and 3 absent, convenes the Foreign Ministers of the OAS Member States to meet on Friday, August 24 at 11:00 EDT (16:00 GMT) at the headquarters of the organization in Washington, DC. The purpose of the meeting will be to "address the situation between Ecuador and the United Kingdom of Great Britain and Northern Ireland regarding the inviolability of the diplomatic premises of Ecuador in the United Kingdom of Great Britain and Northern Ireland in accordance with international law, and to agree on appropriate measures to be adopted."
It seems clear enough that any attempt by the UK to violate the Ecuadorean Embassy is likely to have very significant political repercussions.
The Guardian 17th August published Julian Assange extradition: Ecuador 'willing to co-operate' with Britain
However this may be, the same source is quoted as indicating that Ecuador has proposed an undertaking between the UK and Sweden that, once Julian Assange has faced the Swedish investigation, he will not be extradited to a third country: specifically the US. Clearly, there are tensions between the Ecuadoreans and the UK government but, for now, it remains "jaw jaw."
On 16th August, Sweden's news in English reported that Police had actually entered the Embassy. As things stand, they could only lawfully do this with the clear agreement of the Ambassador.
- Assange Diplomatic Asylum ~ Organisation Of American States ~ Assange
Update 3rd September: Foreign Secretary William Hague' statement to Parliament. --- Having met at Washington DC on 24th August 2012 to consider the situation between Ecuador and the United Kingdom, the Organisation of American States (OAS)...
- An Interesting Question - What If Mr Assange Ever Got To Sweden?
Recommended reading: A post on the Pal Wrange blog is well worth reading on this subject and offers a similar view to that in my post below and also looks at whether Assange could now be extradited from the UK directly to the USA. --- Julian Assange...
- Assange ~ Breach Of Bail ~ Status Of Embassies
It is reported (e.g. Guardian 20th June) that Mr Julian Assange has entered the Embassy of Ecuador . Another article (BBC 20th June - Wikileaks founder Julian Assange faces arrest, police say ) comments: - "Our correspondent said that, as Mr Assange had...
- Assange: Supreme Court Decision
This morning the Supreme Court ruled that the request by the Swedish prosecutor for the extradition of Mr Julian Assange was lawfully made - see Judgment and Press release. For the purposes of the European Framework Decision creating the European...
- How The Eu Continues To Expand Its Influence Over Criminal Matters
Mr Assange (founder of Wikileaks) has been arrested under a European Arrest Warrant (EAW) issued by Sweden - see BBC 8th December 2010. The EAW refers to sexual offences alleged to have been committed in Sweden. Mr Assange was refused bail...