Assange In Limbo – OpEd

In an article in 1988 published in the Law Society Gazette, the author Carl Islam explains, with some rigour, the basis of immunity afforded to diplomatic and consular premises in Britain. The subject seems dry, until you realise the serious implications it poses to individuals such as Julian Assange, who sought refuge in the Ecuadorean embassy in violation of his bail conditions.

Islam begins with the principle of inviolability. “Inviolability guarantees the sanctity of diplomatic and consular premises.” Then, the warning. “While it does not place premises about the law, anybody who remains on diplomatic or consular premises can take refuge from the law.” Hence the need for changes to rectify such abuse.

Julian Assange
Julian Assange

The background to this change of heart and the need to embrace a qualification to such diplomatic immunities came in 1984. The British establishment was shaken that year by the activities of the Libyan People’s Bureau, which saw the killing of Woman Police Constable Fletcher from shots fired from the Bureau’s premises. Over the years, the LPB had been purportedly stockpiling weapons under the cover of immunity, ostensibly to deal with dissidents of the Gaddafi regime. While these were deemed gross abuses of diplomatic privileges granted by the Vienna Convention on Diplomatic Relations, the British found their hands tied.

The white paper of 1985 made it clear that the British authorities were keen on implementing a “firmer” policy on how the Vienna Convention was applied and “take administrative measures to deal with abuse of diplomatic premises and to limit the extent of mission premises in accordance with international law and practice.” Hence the passage of the Diplomatic and Consular Premises Act 1987 which would remove the diplomatic status of premises that were being misused. The Vienna Convention, while accepted as part of British law, is qualified as to the residence of the mission accepted in the country.

Ecuador’s foreign minister Ricardo Patino has been forceful about the stance on Assange and equally forceful towards the efforts being made by the British authorities to extract the Australian from the premises. “We are not a colony of Britain.” WikiLeaks has itself released a statement claiming that Assange’s rights to asylum are being compromised in this act of bullying.

The British response is both clever and sophistic – not so much to discredit the Ecuadorean mission as to discredit the premises the mission is being used for. In June, the Foreign Office did accept the embassy as diplomatic territory. As long as Assange was on the premises, he was “beyond the reach of police” (Guardian, Jun 20). Citing the DCPA signals a change of approach, though the Ecuadoreans could hardly be surprised. The Act grants the British government the power to determine the status of land for diplomatic and consular missions. Importantly, it controls sites, locations and places where those embassies might be established. Prior to the act’s passage, diplomatic missions might establish their premises in any part of the city, or allow premises to fall into decay, immune from the title aspirations of local authorities.

What are the options for Assange? The fact that Assange is on Ecuadorean premises, as it were, does not, of its own, accord him immunity from interference. Even if he was to be granted an Ecuadorean diplomatic passport, and become an Ecuadorean national, he would still not be beyond the reaches of British law. The irony of that would be that he could hardly seek asylum in a place of which he was a national. The second complicating feature of that would be that immunity from arrest is only applicable to diplomats accredited to the Court of St. James’s with the Foreign Office’s blessing.

Diplomatic immunity for consular missions has been previously revoked in spectacular fashion. The U.S. embassy in Teheran was occupied in 1979-1980 under a wave of fundamentalist fervour with the blessing of the Ayatollah Khomeini. The Vienna Convention became a mere piece of paper before the revolution. But the assumption underlying such diplomatic missions is that an unwarranted entry onto their premises is tantamount to an act of aggression. Sanctity is indispensable to good relations. Again Patino’s comments are on point. “If the measure announced in the British official communication is enacted, it will be interpreted by Ecuador as an unacceptable, unfriendly and hostile act and as an attempt against our sovereignty. It would force us to respond.”

As this situation develops, it is clear, however, that Assange’s options are few and far between. The question is how far the British authorities are willing to make the case that the Ecuador mission has abused its premises. While it is true that Assange has violated his bail conditions, he is merely a suspect before charges that have not even been formally laid. The gravity of his offences hardly qualify as matters of terrorist import, and it would be questionable whether the DCPA is being appropriately used. But that may well be something the local constabulary will disagree with.


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Binoy Kampmark

Binoy Kampmark

Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: [email protected]

3 thoughts on “Assange In Limbo – OpEd

  • August 17, 2012 at 12:35 pm
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    One of the fundemental issues is that Assange has gone before the English courts (which represent an internationally accepted and recognised legal system) twice or thrice and has been under a legal judgement and on bail. So to use other methods to circumvent the enforcement of thst judgement of the courts is in my opinion a very inadvisable and foolish move. Any sympathy he could evoke has now been dissipated other than the normal actvists who can be gathered in any city to demostrate on any issue against the establishment

    Reply
  • August 17, 2012 at 11:17 pm
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    I don’t know whether or not skipping bail is a fundemental issue, but I do not consider it to be a fundamental one.

    As St Augustine said, unjust law is no law. Read for yourself about the fundamental issue of the provenance of the allegations against Assange at: http://www.guardian.co.uk/media/2010/dec/17/julian-assange-sweden and ask what the Swedish government is doing in that context. Then ask yourself if Assange was just an ordinary Joe whether such allegations would be bothered with by the State at all.

    Also raise your eyes to the treatment of Bradley Manning and the influence on politics there of the murderous, see the rabid comments made by these killers of innocents in Iraq and elsewhere by means of a complete flouting of international law, and then ask yourself whether or not it would be inadvisable and foolish from Assange’s perspective to attempt to avoid falling into their clutches.

    Then look at how the right wing in the USA traduce their enemies by allegations of sexual misconduct; in particular, those who commit the egregious crime of speaking the truth, like Scott Ritter. Look next at the viciousness of the right wing in Sweden and elsewhere in Scandinavia, and ask yourself whether those who will not stop at mass killings will not trash the credibility of the rule of law by manipulating it for their own ends.

    I don’t know about demostrating, but in my 65 years only once have I ever demonstrated on any issue against the establishment, and that was because as a ratepayer I had to pay for the negligence of my local council in not preventing a bushfire. Yet my sympathy for Assange remains, despite his very emotionally unintelligent behaviour if the allegations are true.

    Clearly, this lack of activism has been a grevious error on my part. Thank you, Ranjith, for waking me up to that.

    Reply
  • August 17, 2012 at 11:44 pm
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    I came across this just after I posted the above:

    http://news.ninemsn.com.au/national/8518168/cables-show-us-seeks-assange-report

    On the one hand, we have abrogation of our civil liberties already in place in law, implementable at the whim of the establishment in the USA and many of their puppet countries, including indefinite detention without bail.

    On the other, we have Assange opposing such things, including the machine gunning of Reuters correspondents being covered up by the establishment in Iraq, and Assange is the one on the dock.

    Go figure. Please.

    Reply

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