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.
international-relations international-law embassy
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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.
international-relations international-law embassy
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
add a comment |Â
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.
international-relations international-law embassy
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
international-relations international-law embassy
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asked 4 hours ago
A.Alqadomi
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Did Turkey grant this person citizenship (in addition to his Saudi citizenship)?
– JJJ
1 hour ago
add a comment |Â
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
add a comment |Â
1 Answer
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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
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
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.
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.
add a comment |Â
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.
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.
add a comment |Â
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.
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.
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.
New contributor
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answered 53 mins ago
msebas
411
411
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msebas is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
add a comment |Â
add a comment |Â
A.Alqadomi is a new contributor. Be nice, and check out our Code of Conduct.
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Did Turkey grant this person citizenship (in addition to his Saudi citizenship)?
– JJJ
1 hour ago