Citing the Diplomatic and Consular Premises Act signals a change of approach, though the Ecuadoreans could hardly be surprised. The Act grants the British government the power to determine the status of land for diplomatic and consular missions. Importantly, it controls sites, locations and places where those embassies might be established. Prior to the act’s passage, diplomatic missions might establish their premises in any part of the city, or allow premises to fall into decay, immune from the title aspirations of local authorities.
What are Assange’s options?
The fact he is on Ecuadorean premises, as it were, does not, on its own, accord him immunity from interference.
Diplomatic immunity for consular missions has been previously revoked in spectacular fashion.
The US embassy in Tehran was occupied in 1979-1980 under a wave of fundamentalist fervour with the blessing of the Ayatollah Khomeini. The Vienna Convention became a mere piece of paper before the revolution. But the assumption underlying such diplomatic missions is that an unwarranted entry onto their premises is tantamount to an act of aggression.
Sanctity is indispensable to good relations. Again Patiño’s comments are on point:
If the measure announced in the British official communication is enacted, it will be interpreted by Ecuador as an unacceptable, unfriendly and hostile act and as an attempt against our sovereignty. It would force us to respond.
The question now is how far the British authorities are willing to make the case that the Ecuador mission has abused its premises.
While it is true that Assange has violated his bail conditions, he is merely a suspect before charges that have not been formally laid. The gravity of his offences hardly qualify as matters of terrorist import, and it would be questionable whether the Diplomatic and Consular Premises Act is being appropriately used. Whether this is something the local constabulary will disagree with remains to be seen.
Binoy Kampmark is a lecturer in Global Studies, Social Science & Planning at RMIT University. This article first appeared at The Conversation.
