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Julian Assange: Wikileaks founder in last-ditch bid to avoid US extradition (www.bbc.com)

submitted 10 months ago by [email protected] to c/[email protected]

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[–] [email protected] 4 points 10 months ago* (last edited 10 months ago)

The country where he is located Ecuador. That’s how embassies work. He is on Ecuadorian soil

That is not true, though it's a common misconception. Embassies are not extraterritorial. They are granted specific legal protections by treaty by the Vienna Convention on Diplomatic Relations that prevents the host country's law enforcement from entering and arresting people, but the territory on which they are located does not belong to the guest country.

The ability to provide asylum in an embassy is based on this text:

https://legal.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf

Article 22

The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission.

The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.

The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.

The only case I can think of off-the-cuff where territory was explicitly made extraterritorial was during World War II. The Dutch royal family had fled abroad due to the Netherlands being occupied by the Nazis, and Princess Margriet was born there. I vaguely recall that there is some restriction in Dutch law that requires a member of the royal family to be born on native Dutch soil to remain in the line of royal succession or something like that.

The Canadian parliament passed a law to, for a brief period of time, render the maternity ward of the hospital in which Princess Margriet was to be born, Dutch territory.

googles

Actually, looks like I misremembered that. According to Wikipedia, even in that case, they didn't declare it to be Dutch territory, just to not be part of Canada:

https://en.wikipedia.org/wiki/Princess_Margriet_of_the_Netherlands

The Dutch royal family went into exile when the Netherlands was occupied by Nazi Germany in 1940, and went to live in Canada. Margriet was born in Ottawa Civic Hospital, Ottawa. The maternity ward of the hospital was temporarily declared to be extraterritorial by the Canadian government.[3][4] This ensured that the newborn would not be born in Canada, and not be a British subject under the rule of jus soli. Instead, the child would only inherit Dutch citizenship from her mother under the principle of jus sanguinis, which is followed in Dutch nationality law. Thus, the child would be eligible to succeed to the throne of the Netherlands. This would have applied if the child had been male, and therefore heir apparent to Juliana, or if her two older sisters died without eligible children.

It is a common misconception that the Canadian government declared the maternity ward to be Dutch territory. That was not necessary, as Canada follows jus soli, while the Netherlands follows jus sanguinis. It was sufficient for Canada to disclaim the territory temporarily.