What are the options to a hosting country if a foreign embassy imprisoned someone inside it?

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Today I heard an interesting news on the Radio



That a Saudi citizen was imprisoned inside the Saudi embassy in istanbul (turkey) ,
and that the Turkish authorities are investigating the matter after a request came from his wife .



Now the question is if the Turkish authorities confirmed that he was imprisoned inside, what are the available options? I mean does the hosting country has the authority to extract him by force ? or there is a court for such incidents ?
What if the citizen imprisoned inside was not saudi but turkish for example ?



Background information :
the saudi citizen name Jamal khashoggi , he is a prominent saudi writer, after the prince mohammed bin salman rose to power he fled to turkey.










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  • Did Turkey grant this person citizenship (in addition to his Saudi citizenship)?
    – JJJ
    1 hour ago














up vote
3
down vote

favorite












Today I heard an interesting news on the Radio



That a Saudi citizen was imprisoned inside the Saudi embassy in istanbul (turkey) ,
and that the Turkish authorities are investigating the matter after a request came from his wife .



Now the question is if the Turkish authorities confirmed that he was imprisoned inside, what are the available options? I mean does the hosting country has the authority to extract him by force ? or there is a court for such incidents ?
What if the citizen imprisoned inside was not saudi but turkish for example ?



Background information :
the saudi citizen name Jamal khashoggi , he is a prominent saudi writer, after the prince mohammed bin salman rose to power he fled to turkey.










share|improve this question







New contributor




A.Alqadomi is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.



















  • Did Turkey grant this person citizenship (in addition to his Saudi citizenship)?
    – JJJ
    1 hour ago












up vote
3
down vote

favorite









up vote
3
down vote

favorite











Today I heard an interesting news on the Radio



That a Saudi citizen was imprisoned inside the Saudi embassy in istanbul (turkey) ,
and that the Turkish authorities are investigating the matter after a request came from his wife .



Now the question is if the Turkish authorities confirmed that he was imprisoned inside, what are the available options? I mean does the hosting country has the authority to extract him by force ? or there is a court for such incidents ?
What if the citizen imprisoned inside was not saudi but turkish for example ?



Background information :
the saudi citizen name Jamal khashoggi , he is a prominent saudi writer, after the prince mohammed bin salman rose to power he fled to turkey.










share|improve this question







New contributor




A.Alqadomi is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.











Today I heard an interesting news on the Radio



That a Saudi citizen was imprisoned inside the Saudi embassy in istanbul (turkey) ,
and that the Turkish authorities are investigating the matter after a request came from his wife .



Now the question is if the Turkish authorities confirmed that he was imprisoned inside, what are the available options? I mean does the hosting country has the authority to extract him by force ? or there is a court for such incidents ?
What if the citizen imprisoned inside was not saudi but turkish for example ?



Background information :
the saudi citizen name Jamal khashoggi , he is a prominent saudi writer, after the prince mohammed bin salman rose to power he fled to turkey.







international-relations international-law embassy






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asked 4 hours ago









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  • Did Turkey grant this person citizenship (in addition to his Saudi citizenship)?
    – JJJ
    1 hour ago
















  • Did Turkey grant this person citizenship (in addition to his Saudi citizenship)?
    – JJJ
    1 hour ago















Did Turkey grant this person citizenship (in addition to his Saudi citizenship)?
– JJJ
1 hour ago




Did Turkey grant this person citizenship (in addition to his Saudi citizenship)?
– JJJ
1 hour ago










1 Answer
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4
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in the Vienna Convention on Diplomatic Relations it is stated in article 22 that




The premises of the mission shall be inviolable.




So any attempts to extract someone from the embassy by any forces of the hosting state are a breach of international law. In the same article it is stated that the




receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion




meaning that the host state has to secure the embassy from any private attempts extract someone.



From my point of view most of the problems arising from this question were discussed several times according to diplomatic asylum.



But because in this case it is assumed that person in the embassy wants to leave it there is at least the point that the host state could declare any member of the diplomatic mission a persona non granta. So in theory the embassy could become empty enough for the imprisoned person to leave, but the members of the diplomatic mission are free to hide the imprisoned person inside there luggage, that is forbidden to be checked in any way, and smuggle him out of the embassy.



An additional point is that the members of the mission have to respect the law of the hosting state, even if they are immune to it. So if a court of the hosting country demands that the imprisoned person to be left free to continue the imprisoning may let the diplomatic mission breach international law on there own.



The problem is that there is no court to judge this case that would be able to enforce its decisions.



I do not need to outline that none of the acts described above is a friendly action towards the sending state.






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    1 Answer
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    1 Answer
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    active

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    up vote
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    down vote













    in the Vienna Convention on Diplomatic Relations it is stated in article 22 that




    The premises of the mission shall be inviolable.




    So any attempts to extract someone from the embassy by any forces of the hosting state are a breach of international law. In the same article it is stated that the




    receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion




    meaning that the host state has to secure the embassy from any private attempts extract someone.



    From my point of view most of the problems arising from this question were discussed several times according to diplomatic asylum.



    But because in this case it is assumed that person in the embassy wants to leave it there is at least the point that the host state could declare any member of the diplomatic mission a persona non granta. So in theory the embassy could become empty enough for the imprisoned person to leave, but the members of the diplomatic mission are free to hide the imprisoned person inside there luggage, that is forbidden to be checked in any way, and smuggle him out of the embassy.



    An additional point is that the members of the mission have to respect the law of the hosting state, even if they are immune to it. So if a court of the hosting country demands that the imprisoned person to be left free to continue the imprisoning may let the diplomatic mission breach international law on there own.



    The problem is that there is no court to judge this case that would be able to enforce its decisions.



    I do not need to outline that none of the acts described above is a friendly action towards the sending state.






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      up vote
      4
      down vote













      in the Vienna Convention on Diplomatic Relations it is stated in article 22 that




      The premises of the mission shall be inviolable.




      So any attempts to extract someone from the embassy by any forces of the hosting state are a breach of international law. In the same article it is stated that the




      receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion




      meaning that the host state has to secure the embassy from any private attempts extract someone.



      From my point of view most of the problems arising from this question were discussed several times according to diplomatic asylum.



      But because in this case it is assumed that person in the embassy wants to leave it there is at least the point that the host state could declare any member of the diplomatic mission a persona non granta. So in theory the embassy could become empty enough for the imprisoned person to leave, but the members of the diplomatic mission are free to hide the imprisoned person inside there luggage, that is forbidden to be checked in any way, and smuggle him out of the embassy.



      An additional point is that the members of the mission have to respect the law of the hosting state, even if they are immune to it. So if a court of the hosting country demands that the imprisoned person to be left free to continue the imprisoning may let the diplomatic mission breach international law on there own.



      The problem is that there is no court to judge this case that would be able to enforce its decisions.



      I do not need to outline that none of the acts described above is a friendly action towards the sending state.






      share|improve this answer








      New contributor




      msebas is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
      Check out our Code of Conduct.



















        up vote
        4
        down vote










        up vote
        4
        down vote









        in the Vienna Convention on Diplomatic Relations it is stated in article 22 that




        The premises of the mission shall be inviolable.




        So any attempts to extract someone from the embassy by any forces of the hosting state are a breach of international law. In the same article it is stated that the




        receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion




        meaning that the host state has to secure the embassy from any private attempts extract someone.



        From my point of view most of the problems arising from this question were discussed several times according to diplomatic asylum.



        But because in this case it is assumed that person in the embassy wants to leave it there is at least the point that the host state could declare any member of the diplomatic mission a persona non granta. So in theory the embassy could become empty enough for the imprisoned person to leave, but the members of the diplomatic mission are free to hide the imprisoned person inside there luggage, that is forbidden to be checked in any way, and smuggle him out of the embassy.



        An additional point is that the members of the mission have to respect the law of the hosting state, even if they are immune to it. So if a court of the hosting country demands that the imprisoned person to be left free to continue the imprisoning may let the diplomatic mission breach international law on there own.



        The problem is that there is no court to judge this case that would be able to enforce its decisions.



        I do not need to outline that none of the acts described above is a friendly action towards the sending state.






        share|improve this answer








        New contributor




        msebas is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
        Check out our Code of Conduct.









        in the Vienna Convention on Diplomatic Relations it is stated in article 22 that




        The premises of the mission shall be inviolable.




        So any attempts to extract someone from the embassy by any forces of the hosting state are a breach of international law. In the same article it is stated that the




        receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion




        meaning that the host state has to secure the embassy from any private attempts extract someone.



        From my point of view most of the problems arising from this question were discussed several times according to diplomatic asylum.



        But because in this case it is assumed that person in the embassy wants to leave it there is at least the point that the host state could declare any member of the diplomatic mission a persona non granta. So in theory the embassy could become empty enough for the imprisoned person to leave, but the members of the diplomatic mission are free to hide the imprisoned person inside there luggage, that is forbidden to be checked in any way, and smuggle him out of the embassy.



        An additional point is that the members of the mission have to respect the law of the hosting state, even if they are immune to it. So if a court of the hosting country demands that the imprisoned person to be left free to continue the imprisoning may let the diplomatic mission breach international law on there own.



        The problem is that there is no court to judge this case that would be able to enforce its decisions.



        I do not need to outline that none of the acts described above is a friendly action towards the sending state.







        share|improve this answer








        New contributor




        msebas is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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        answered 53 mins ago









        msebas

        411




        411




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