Tuesday, October 16, 2012

'Nuff said

(Taking context-optional note of thought-provoking quotes)
'Although international legal principles regulate the actions of the Ecuadorian and U.K. governments in the dispute concerning the grant of asylum to Julian Assange, the dispute is more likely to be resolved through political negotiations rather than by legal principles.'

–  University of Melbourne Law Professor Alison Duxbury (left), in the concluding paragraph of her ASIL Insight entitled "Assange and the Law of Diplomatic Relations." Duxbury provides a most useful account of the facts surrounding, first, the decision of the founder of WikiLeaks (prior posts), to take refuge in Ecuador's embassy in London rather than submit to extradition to Sweden (assertedly out of fear that Sweden would hand him over to the United States); second, the decision of Ecuador (flag above right) to grant him asylum; and third, the decision of Britain not to enter the mission to arrest him. She then surveys the legal and practical feasibility (or not) of various proposed means for Assange to make safe passage out of London and into Ecuador. (This 'Grrl's favorite: squeezing the lanky Australian into a diplomatic pouch.) Duxbury argues persuasively that although pertinent national and international legal regimes are in place, settlement of the matter likely will occur via political channels.

1 comment:

Lindsay Farrenkopf said...

The best part of this article was the author explaining the different ways in which Julian Assange would have to make his way out of the embassy. His options seem to be get in an embassy vehicle, but then if he steps outside the embassy he could be arrested before making his way to the car. Option two is to leave in a diplomatic bag pursuant to Article 27(3) of the Vienna Convention. This was the best option as it shows how crazy this all is. The best part was that it has been tried before, when a minister in the former Nigerian government was found in a crate at Stansted airport in 1984. It did not seem to work out so well for him. Assange better make sure that his “bag” has the proper diplomatic markings. The third option was to appoint Assange as a diplomat, however diplomats are usually nationals of the State. It is not likely Ecuador will grant him this status since in order to be an Ecuadorian you must be born in Ecuador and they might not be willing or able under their laws to assign him as a diplomat. The final option is for Ecuador to assign him as a representative to an international organization, but in order for this to happen Assange must go through a committee process and it is not likely he would have the credentials for this position. So it seems that Assange’s best options are run very quickly to an embassy car, or pack himself away in a crate or bag. For the shear fun of it I do hope he tries option number two. It will be interesting to see how this all pans out.

http://pilr.blogs.law.pace.edu/