Discussion in 'Current Affairs, News and Analysis' started by Daede, Jan 11, 2007.
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Thats not gonna annoy them much, is it?
Is this a proper consulate which has diplomatic protection? If so are the Americans acting illegally?
Are the fcking cretins in Washington actually trying to utterly destroy the region? Or do they somehow, in some vague and random world, actually think they are doing the right thing?
yes to both i fear
If it is, this action is just utterly idiotic. It, more importantly, would set a v dangerous precedent.
In fairness Iran haven't exactly got a great record for respecting embassies
If the Iranians are behind the murder of our troops, have to say, this one has my vote.
In fairness, do we lower ourselves to their level or maintain the moral high ground
The status of an Embassy and a Consulate is covered in the Vienna Convention on Diplomatic Relations (VCDR), 1961 and the Vienna Convention on Consular Relations (VCCR), 1963.
Therefore under the above 1961 VCDR agreement and in accordance with international law, diplomatic missions enjoy an extraterritorial status and thus, although remaining part of the host country's territory, they are exempt from local law and in almost all respects treated as being part of the territory of the home country.
The status for a consulate is slightly different as they are there to provide services for individual persons and business, and NOT to engage in diplomatic relations between countries. The Consul him/herself may or may not however, be an accredited diplomat and as such enjoy full diplomatic priviledges. Yet, Article 31 of the VCCR does state that
'1.Consular premises shall be inviolable to the extent provided in this article.
2.The authorities of the receiving State shall not enter that part of the consular premises which is used exclusively for the purpose of the work of the consular post except with the consent of the head of the consular post or of his designee or of the head of the diplomatic mission of the sending State. The consent of the head of the consular post may, however, be assumed in case of fire or other disaster requiring prompt protective action.
3.Subject to the provisions of paragraph 2 of this article, the receiving State is under a special duty to take all appropriate steps to protect the consular premises against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity.
I would be very surprised if the US had not ascertained the exact status of the Consulate concerned and its staff before taking this action, although Article 31 suggests that a 'tricky' legal interpretation of the VCCR may have been necessary!
Those are the facts and conventions, interpretation is for the lawyers I am afraid! Not a very sensible action though I would suggest, unless legal precednce has already been set elsewhere. Iraq today, is not perhaps the best place to set a legal precendent under international law!
I'm rarely in agreement with Sven but he has hit the nail on the head here.
Unless we want a free for all, immunity for consulate/embassy buildings must be maintained. Nail the staff outside if they playing silly buggers.
Does this action have anything to do with the coming surge?
Just maybe this and the surgy thing has more to do with provoking Iran into a war than it does with Iraq, maybe?
Muzzelflash and nigegilb, use a wider angled lens when focusing in on this puppy.
If you read that article, it seems the consulate was set up without the express permission of the Iraq Gvt.
I suppose that legally, if this office did not have offical accreditation, then they have no protection and the raid is therefore legal?
A swift in and out is a much more sensitive option (and would provide lots of int) compared to the stray JDAM/Cruise missile approach
Just adding a little more fuel to the middle east fire really, isn't it.
Daede, your assumption would be correct if the article is factually accurate. If it is not approved and accredited by the legitimate government of Iraq (the one with the seat in the UN not a Kurd Govt), then it would not enjoy the priviledges of the VCCR 1963. Otherwise we could all set up consulates and claim diplomatic priviledges.
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