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Craig Murray: America's Vassal Acts Decisively And Illegally

Craig Murray | 16.08.2012 12:02 | Analysis | Anti-militarism | Policing

From Craig Murray, on the possibility of the UK seizing Julian Assange from the Ecuadorean Embassy in London.

I returned to the UK today to be astonished by private confirmation from within the FCO that the UK government has indeed decided - after immense pressure from the Obama administration - to enter the Ecuadorean Embassy and seize Julian Assange.

This will be, beyond any argument, a blatant breach of the Vienna Convention of 1961, to which the UK is one of the original parties and which encodes the centuries - arguably millennia - of practice which have enabled diplomatic relations to function. The Vienna Convention is the most subscribed single international treaty in the world.

The provisions of the Vienna Convention ( http://untreaty.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf) on the status of diplomatic premises are expressed in deliberately absolute terms. There is no modification or qualification elsewhere in the treaty.

*Article 22*

1.The premises of the mission shall be inviolable. The agents of the receiving State may not enter
them, except with the consent of the head of the mission.
2.The receiving State is under a special duty to take all appropriate steps to protect the premises
of the mission against any intrusion or damage and to prevent any disturbance of the peace of the
mission or impairment of its dignity.
3.The premises of the mission, their furnishings and other property thereon and the means of
transport of the mission shall be immune from search, requisition, attachment or execution.

Not even the Chinese government tried to enter the US Embassy to arrest the Chinese dissident Chen Guangchen. Even during the decades of the Cold War, defectors or dissidents were never seized from each other's embassies. Murder in Samarkand relates in detail my attempts in the British Embassy to help Uzbek dissidents. This terrible breach of international law will result in British Embassies being subject to raids and harassment worldwide.

The government's calculation is that, unlike Ecuador, Britain is a strong enough power to deter such intrusions. This is yet another symptom of the "might is right" principle in international relations, in the era of the neo-conservative abandonment of the idea of the rule of international law.

The British Government bases its argument on domestic British legislation. But the domestic legislation of a country cannot counter its obligations in international law, unless it chooses to withdraw from them. If the government does not wish to follow the obligations imposed on it by the Vienna Convention, it has the right to resile from it - which would leave British diplomats with no protection worldwide.

I hope to have more information soon on the threats used by the US administration. William Hague had been supporting the move against the concerted advice of his own officials; Ken Clarke has been opposing the move against the advice of his. I gather the decision to act has been taken in Number 10.

There appears to have been no input of any kind from the Liberal Democrats. That opens a wider question - there appears to be no "liberal" impact now in any question of coalition policy. It is amazing how government salaries and privileges and ministerial limousines are worth far more than any belief to these people. I cannot now conceive how I was a member of that party for over thirty years, deluded into a genuine belief that they had principles.

 http://www.craigmurray.org.uk/archives/2012/08/americas-vassal-acts-decisively-and-illegally/

[Side note: Craig's site has been overwhelmed by traffic, so reposting here - repost and tweet at will]

Craig Murray

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Surprised Craig didn't know this

16.08.2012 12:11

Considering what Craig did in the past I am surprised at some of the things he has said here.


"This will be, beyond any argument, a blatant breach of the Vienna Convention of 1961"

No it will not - the Convention allows for exactly these circumstances under section V, sub section 3 where an individual from a country may be arrested in another countries embassy if a serious offence has taken place. The only individuals protected under the Convention are consular officials. There are many precedents for arrests of these kinds:

March 1953 - French police arrest bank robber who was hiding in Mexican embassy
August 1974 - Columbian police arrest drug dealer in German embassy
December 1976 - US police arrest child murderer in Australian embassy
October 1984 - British police arrest Algerian terrorist in French embassy.


I have other examples

Ian Sharp - lawyer


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Only if a formal charge has been made?

16.08.2012 12:21

Presumably in each of those cases, the suspects were charged in the countries they had committed crimes in. Would the same apply to Assange, who has not been charged with anything in any country?

(I am genuinely interested in a lawyer's view - I can't see how a European Arrest Warrant would be enforceable without a formal charge. The picture from Sweden is that prosecutors would like to meet Assange to ask questions, but they have persistently refused to come to London to do so, despite invitations from Assange's team).

Jon


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This posting has been hidden because it breaches the Indymedia UK (IMC UK) Editorial Guidelines.

IMC UK is an interactive site offering inclusive participation. All postings to the open publishing newswire are the responsibility of the individual authors and not of IMC UK. Although IMC UK volunteers attempt to ensure accuracy of the newswire, they take no responsibility legal or otherwise for the contents of the open publishing site. Mention of external web sites or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

Comment I've responded to above deleted

16.08.2012 12:28

(The comment I was responding to above has been deleted. It was from "Ian Sharp - lawyer" and was defending the actions of the British Government, claiming prior use of the Vienna Convention to arrest suspects in embassy premises. I wonder if it was deleted as being obvious propaganda?)

Jon


Assange.

16.08.2012 14:52

The UK government may have some petty little law appended onto some other act but just because some fool in Parliament acted in response to some episodal crisis in his time does not equate to being able to overturn a diplomatic mission.

The consequences of UK police entering diplomatic territory would be severe and almost immediate. The UK would no longer be considered as safe for foreign diplomats to work. This would entail other nations withdrawing their own missions and expelling UK diplomats from their own territories. What some spurious piece of domestic UK law says is irrelevant in the extreme.

The UK government have not acted in response to the decision of the Equadorians to give Assange asylum, the UK government have made a decision based on 'what ifs'. What if the Equadorians grant asylum...what can we do in response?...and when should we do it?

The UK government 'response' has been 'circulated' prior to the Equadorian decision announcement in an attempt to spoil it and lessen the Equadorian response before it was made.

There is no chance, in any form at all, that the UK government will allow UK police to enter a foreign embassy just to arrest some guy they want to extradite. The consequences of this would be far more severe than just leaving him in place. The consequences would be international in scope and would directly lead to an appalling loss of influence on the international stage. A fatal loss of influence.

Assange is nowhere near so important that they would do that.

anonymous


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Inconvenient truth

16.08.2012 15:36

Whoops it seems that IM moderators don't like it when somebody points out real points of law with regard to this case as my previous comments were hidden.

I assume that is the same reason that any mention of the fact that Assange is wanted by Swedish police in connection with an allegation of sexual assault is also hidden.

Although many are trying to push the idea that the Americans are behind this (makes a change from the Israelis who it seems most IM contributors are convinced run the world) in reality the US would prefer Assange remained in the UK as extradition from Britain is far easier for them than it is from Sweden.

As a former ambassador to Uzbekistan and career diplomat I would have assumed that Craig Murray would have known rather more about diplomatic law although his writing on this issue suggests otherwise, perhaps that is why is was "allowed to resign" from the service. My previous comment inconveniently and I assume irritatingly for some right remains, I have repeated it below.

Craig Murray wrote above,

"This will be, beyond any argument, a blatant breach of the Vienna Convention of 1961"

No it will not - the Convention allows for exactly these circumstances under section V, sub section 3 where an individual from a country may be arrested in another countries embassy if a serious offence has taken place. The only individuals protected under the Convention are consular officials. There are many precedents for arrests of these kinds:

March 1953 - French police arrest bank robber who was hiding in Mexican embassy
August 1974 - Columbian police arrest drug dealer in German embassy
December 1976 - US police arrest child murderer in Australian embassy
October 1984 - British police arrest Algerian terrorist in French embassy.


I have other examples

Ian Sharp - lawyer


Hidden Comment

This posting has been hidden because it breaches the Indymedia UK (IMC UK) Editorial Guidelines.

IMC UK is an interactive site offering inclusive participation. All postings to the open publishing newswire are the responsibility of the individual authors and not of IMC UK. Although IMC UK volunteers attempt to ensure accuracy of the newswire, they take no responsibility legal or otherwise for the contents of the open publishing site. Mention of external web sites or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

@ Ian Sharpe - pretend lawyer.

16.08.2012 16:07

"No it will not - the Convention allows for exactly these circumstances under section V, sub section 3 where an individual from a country may be arrested in another countries embassy if a serious offence has taken place. The only individuals protected under the Convention are consular officials."

Not quite the whole truth that...is it?

In cases where some criminal had walked into an embassy asking for asylum, but declined, this law applies. It applies because the nation that the embassy is located in has a duty under international law to protect the embassy and its staff. This does not apply for those seeking sanctuary and who have been recognised by the embassies host nation and have been given asylum. Affirmation of an asylum application confers onto the applicant protected status while they are in the embassy. If the asylum applicant is then arrested by the domestic police who walk onto the territory of that embassy then the sovereignty of the embassy is violated as is the sovereignty of the nation that that embassy belongs to.


"March 1953 - French police arrest bank robber who was hiding in Mexican embassy
August 1974 - Columbian police arrest drug dealer in German embassy
December 1976 - US police arrest child murderer in Australian embassy
October 1984 - British police arrest Algerian terrorist in French embassy."

None of whom had been awarded asylum by the embassy host nation.

You can't just walk into a foreign embassy and walk out having arrested somebody who is under the protection of that embassies host nation.

If you do that, then you must accept the consequences.

Real lawyer.


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This posting has been hidden because it breaches the Indymedia UK (IMC UK) Editorial Guidelines.

IMC UK is an interactive site offering inclusive participation. All postings to the open publishing newswire are the responsibility of the individual authors and not of IMC UK. Although IMC UK volunteers attempt to ensure accuracy of the newswire, they take no responsibility legal or otherwise for the contents of the open publishing site. Mention of external web sites or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

@ "Real Lawyer"

16.08.2012 16:33

You clearly got pwned.

Here is how Craig Murray responded to the trolling of 'Ian Sharp Lawyer'


________________________________________________
craig
16 Aug, 2012 - 1:41 pm

Jon,

What is even stranger is that the Vienna Convention doesn’t have sections, and there is nothing like the reference given by “Ian Sharp” in the text. My link above gives the full text on the UN site. Pretty strange disinformation technique.
 http://www.craigmurray.org.uk/archives/2012/08/americas-vassal-acts-decisively-and-illegally/______________________________________________

You should have been alerted by the example given after this:

"- the Convention allows for exactly these circumstances under section V

March 1953 - French police arrest bank robber who was hiding in Mexican embassy

As the convention was dated 1961 it was clearly a lie.

disinformation watch


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This posting has been hidden because it breaches the Indymedia UK (IMC UK) Editorial Guidelines.

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Enough already!

16.08.2012 16:43

"Although many are trying to push the idea that the Americans are behind this (makes a change from the Israelis who it seems most IM contributors are convinced run the world) in reality the US would prefer Assange remained in the UK as extradition from Britain is far easier for them than it is from Sweden."

Oh sorry, I thought that was you posting anti-semitic content. You know, nothing like a bit of anti-semitism to push people back and forth for political effect.

By the way, Jews don't run the world. Thats just something Zionists like to say.

Here let me spell the process out for you.

Zionists post garbage on the internet (and lots of newspapers) about how Jews run the world because everybody hates it when minorities run the world. Then everybody starts yelling that Jews run the world. Jews get frightened by this yelling about Jews running the world and look for somebody to protect them. Zionist comes along and envelopes them in a warm loving embrace, and whispers lots of sweet nothings in the ear of the frightened Jew to the effect of "Don't worry, we'll protect you".

Zionists makes lots of money and Jews feel protected.

Rest of the world scratches head in confusion! Palestinians lose some more of their land.

Oh I know, thats just a conspiracy posted by "leftists" and self-haters.

On the other hand...it might be how you build a magpie nation.

Whatever, either way its certainly how you build a criminal empire!

But anyway, this has got nothing to do with Juilan Assange being holed up in the Ecuadorian embassy.

Jammin with Binjammin.


Hidden Comment

This posting has been hidden because it breaches the Indymedia UK (IMC UK) Editorial Guidelines.

IMC UK is an interactive site offering inclusive participation. All postings to the open publishing newswire are the responsibility of the individual authors and not of IMC UK. Although IMC UK volunteers attempt to ensure accuracy of the newswire, they take no responsibility legal or otherwise for the contents of the open publishing site. Mention of external web sites or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

Hurrrumph

16.08.2012 16:46

"You clearly got pwned. Here is how Craig Murray responded to the trolling of 'Ian Sharp Lawyer'"

Crikey, your not kidding. I feel the sudden urge to crawl away and hide.

Please don't look at me!!!

Real Lawyer.


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