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Home Posts tagged "Julian Assange"

Ecuador Seeks to Confer Diplomatic Status on Julian Assange: Does this Oblige the UK to Allow Him to Leave the Embassy & Is the Matter Headed to the ICJ?

Published on January 25, 2018        Author: 
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There is a recent twist in the Julian Assange saga leading to new claims that the UK has the legal obligation to allow Assange to leave the Ecuadorian embassy in London without arresting him. In December, Ecuador granted Assange its nationality following which it then purported, this January, to appoint Julian Assange as one of its diplomats to the UK (see here). Apparently, the UK rejected that appointment. It has now been reported by Reuters that a legal team is working on filing a case at the International Court of Justice in order to have Assange’s Ecuadorean diplomatic status affirmed under international law. The strategy being pursued by Ecuador is a very interesting one raising tricky questions of diplomatic law. Undoubtedly, Ecuador was aware that the UK would seek to deny diplomatic status to Assange. However, Ecuador argues that what has happened is that while it has appointed Assange as a diplomat, what the UK has done is to declare him persona non grata, and that having done that, the UK now has an obligation to allow Assange to leave the UK within a reasonable period of time, whilst enjoying diplomatic immunities within that period of time.

There are a number of issues that arise as a result of these developments. First, is the issue of whether Ecuador has a unilateral right to appoint Assange as a member of its diplomatic staff, or whether instead, the approval of the UK was required for the conferral of diplomatic status on Assange. Second, assuming that Ecuador is right, and that as a matter of international law Assange did at some point in time have diplomatic status because of a unilateral right of appointment of Ecuador, does the rejection of his status by the UK impose an obligation on the UK to allow him to leave the embassy, and indeed leave the UK, with the immunities that a diplomat would ordinarily be entitled to. Third, is there a basis for the ICJ to hear and determine the matter between those two states?

Let me start with the question of ICJ jurisdiction. Read the rest of this entry…

 

Julian Assange and the UN Working Group on Arbitrary Detention

Published on February 5, 2016        Author: 
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We should have known. Once Julian Assange publically stated that he would surrender to the UK authorities if the United Nations Working Group on Arbitrary Detention found against him, it was obvious that the Working Group had done no such thing. And its opinion was released today, to widespread derision among the legal community (at least as expressed by my twitter feed).

To get the obvious issues out of the way: the Working Group is a UN body but it is not, and does not represent, ‘the United Nations’. Instead, it is one of the ‘thematic special procedures’ of the UN Human Rights Council, which is itself a political body established by and reporting to the UN General Assembly. The Working Group was originally established by the Commission on Human Rights, the Human Rights Council’s predecessor, and had its mandate renewed, most recently by the Human Rights Council in 2013. In contrast to the HRC, however, the Working Group is a body of independent experts serving in their individual capacities. It presently has five members: from South Korea, Mexico, Benin, Australia and the Ukraine.

The Working Group is tasked with investigating cases of deprivation of liberty imposed arbitrarily, with reference to the relevant international standards set forth in the Universal Declaration of Human Rights, as well as to the relevant international instruments accepted by the States concerned. It can consider individual communications and, having done so, render opinions as to whether an arbitrary detention has or has not been established and make recommendations to the State concerned.

What all this means is that the Working Group cannot issue binding decisions (contrary to what Julian Assange’s legal team are arguing), hence their description as ‘opinions’. Nor can it provide authoritative interpretations of any human rights treaty (having not been granted that role by the parties to any such treaty). The most that can be said is that States are under a duty to take ‘due consideration’ to Working Group’s recommendations, which is a rather weak obligation.

Moving from the general to the particular, the Working Group gave its opinion in response to a communication made on behalf of Julian Assange. It will be recalled that Mr Assange has been in the Ecuadorian embassy in London since 19 June 2012, when he skipped bail following the decision of the UK Supreme Court on 30 May 2012 to permit his extradition to Sweden under a European Arrest Warrant. The communication was made on 16 September 2014 and was passed on to the Governments of Sweden and the United Kingdom, which replied, respectively, on 3 and 13 November 2014. The opinion was adopted on 4 December 2015, over a year later, and was published on 5 February 2016, which does not indicate an enormous sense of urgency. Following the Working Group’s rules, one of the members of the Working Group recused herself from this deliberations as she shared the same nationality as Mr Assange. Another, Mr Vladimir Tochilovsky, dissented and produced a short individual dissenting opinion. Read the rest of this entry…