Ecuador and Assange, by Craig Murray

Now that Ecuador has made Julian Assange a citizen, well-established international law saws it can make him a diplomat and he will have the usual privileges while he’s in the UK, including diplomatic immunity and the right to leave the country. From Craig Murray at craigmurray.org.uk:

It is for the government of Ecuador, not the UK, to determine who is an Ecuadorian citizen. It is for the government of Ecuador, not the UK, to determine who is an Ecuadorian diplomat.

It is not in the least unusual for Julian Assange to become an Ecuadorian citizen. Having been granted political asylum, and having lived for over five years under Ecuadorian jurisdiction, naturalisation is a perfectly normal step. There are a great many refugees in this country who are now naturalised UK citizens. Julian appears suitably proud of his new citizenship, and rightly so.

The Foreign and Commonwealth Office appears to be putting out a story that it has refused to accredit Assange as an Ecuadorian diplomat. As the Guardian reports:
“Earlier this week the UK’s Foreign Office revealed that Ecuador had asked for Assange, who was born in Australia, to be accredited as a diplomat. The request was dismissed.”

I have no knowledge that the Ecuadorian government ever notified Assange as a member of diplomatic staff of its mission. But it has every right to appoint Assange, now an Ecuadorian citizen, as an Ecuadorian diplomat if it so chooses. Ecuador cannot tell the UK who may or may not be a British diplomat, and the converse applies.

The Vienna Convention on Diplomatic Relations – to which the UK and Ecuador are both party – is the governing international law and determines the obligations to respect diplomatic immunity. It is crystal clear (Article 4,1) that the need to obtain agreement in advance of the receiving state only applies to the Head of Mission – ie the Ecuadorian Ambassador. For other staff of the mission the sending state (in this case, Ecuador) “may freely appoint” the other members of the mission, (Article 7), subject to provisos in Articles 5,8,9 and 11. Plainly the only one of these which applies in the Assange case is Article 9. Julian Assange is persona non grata – unwelcome -to the UK government. That is a legitimate reply to notification, but comes following the appointment; it does not pre-empt the appointment.

To continue reading: Ecuador and Assange

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