Tag Archives: Vienna Convention

CODEPINK Denounces Illegal Entry and Arrest at DC Venezuelan Embassy and Vows to Keep Fighting to Protect the Embassy

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By Medea Benjamin and Ariel Gold

Source: Code Pink

Thursday, May 16, Washington D.C. — At 9:30 AM in the morning, D.C. police officers illegally entered the Venezuelan embassy in Washington D.C. in the Georgetown neighborhood and arrested four activists lawfully living in the building since April 10, as guests of the legitimate Venezuelan government. The four activists are Margaret Flowers and Kevin Zeese (with the group Popular Resistance), Adrienne Pine (an academic) and David Paul (a CODEPINK member). They are part of the Embassy Protection Collective that has been living in the embassy since April 10.

“They are charged with ‘interference with certain protective functions.’ It is notable that they were not charged with trespassing, which makes it perfectly clear that the US government does not want to be in the position of having to explain who is lawfully in charge of these premises,” says the Embassy Protection Collective’s attorney Mara Verheyden Hilliard. “What we are seeing today is the most extraordinary violation of the Vienna Convention. The fact that the State Department has broken into a protected diplomatic mission to arrest the peace activists inside is something that will have repercussions the world over.”

“We denounce these arrests, as the people inside were there with our permission, and we consider it a violation of the Vienna Conventions,” says Deputy Foreign Minister Carlos Ron. “We do not authorize any of the coup leaders to enter our embassy in Washington DC. We call on the US government to respect the Vienna Conventions and sign a Protecting Power Agreement with us that would ensure the integrity of both our Embassy in Washington DC and the US Embassy in Caracas.” The US has been negotiating with Switzerland to take charge of its Caracas Embassy and Venezuela has been negotiating with Turkey to take charge of its DC Embassy. These critical negotiations will be broken, however, if the US illegally hands over the Venezuelan Embassy to the forces of opposition leader Juan Guaido.

On April 10, members of the Embassy Protection Collective, including activists from CODEPINK, Popular Resistance and the ANSWER Coalition, moved into the Venezuelan embassy in the Georgetown neighborhood of Washington, D.C. to serve as an interim embassy protection force to prevent the Trump administration from allowing representatives of non-elected opposition leader Juan Guiado from taking over the building as part of a repeatedly attempted and failed coup.

From April 10-April 30, members of the Embassy Protection Collective were able to come and go freely from the building, with up to 50 activists sleeping there. On April 30, a group of Guaidó supporters —coinciding with Guaidó’s failed call for an uprising inside Venezuela — descended on the embassy, determined to oust the activists and seize the building. They blared sirens, horns, and megaphones and surrounded the perimeter of the building with tents, refusing to allow food, medicine, supplies, or people to enter. Multiple peace activists were physically assaulted and arrested in attempts to approach the building with food. On May 8, Potomac Electric Power Company (Pepco), assisted by the Secret Service, cut electricity despite all utility bills being paid in full.

The Collective maintains that the arrests are illegal under Articles 22 and 45 of the 1961 Vienna Conventions on Diplomatic Relations, in which diplomatic premises are “inviolable” and agents of the receiving State may not enter them, except with the consent of the head of the mission. The Trump Administration has not only allowed illegal seizures of diplomatic premises belonging to Venezuela, but has actively facilitated it by giving the Military Attache building and the New York City Consulate to the opposition.

“This struggle is far from over. We will continue to fight to stop this embassy from being handed over by the Guaidó supporters,” says CODEPINK Codirector Medea Benjamin. “The Embassy Protection Collective recognizes that turning over the embassy over to Guaidó would place the U.S. embassy in Caracas in jeopardy. We will continue to use all methods at our disposal to keep the Venezuelan Embassy in Washington D.C. empty until a diplomatic solution — a Protecting Power Agreement — can be worked out between the U.S. and the Venezuelan governments.”

A Protecting Power Agreement would allow third countries to take charge of both the Venezuela and US Embassies. Such an agreement could lead to further negotiations to avoid a military conflict that would be catastrophic for Venezuela, the United States, and for the region. It could lead to a catastrophic loss of lives and mass migration from the chaos and conflict of war, exacerbating the existing humanitarian crisis stoked by U.S. economic sanctions. It could cost the United States trillions of dollars and become a quagmire similar to the U.S. intervention in Iraq and Afghanistan.

 

Related Article:

Who’s behind the pro-Guaido mob that besieged Venezuela’s embassy in Washington?

 

Russia’s Seattle Consulate Broken Into: the US Openly Flouts its International Obligations

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By Alex Gorka

Source: Strategic Culture Foundation

They did it again. On April 25, US inspectors broke into the Russian consulate in Seattle, which had been shuttered and vacated at the order of the American government, in a response to the Skripal case. The “inspection” was actually a break-in, since the locks had to be forced. The Russian staff had closed the mansion on April 24 but kept the keys, as the house is still the property of the Russian government. Officially, the Russian Federation (RF) still owns the mansion and its flag still flies from the roof, but the US owns the land and consular activities will no longer be authorized on that site.

The forced entry into the consulate was a flagrant violation of international law. True, the US government has the right to declare that the mission has been stripped of its diplomatic immunity. But it takes two to tango, and Russia never agreed to lift that immunity. That declaration has no validity without Russia’s consent.

The Vienna Convention on Diplomatic Relations of 1961 protects embassy and consulate property abroad by bestowing upon it the status of inviolability (Article 22). No unauthorized entry is allowed. Moreover, the host country is responsible for protecting all foreign missions from intrusions, damage, and similar events. Diplomatic sites cannot be searched. No document or property can be seized.

The 1963 Vienna Convention on Consular Relations states that consulates, along with their property, are always to be protected by their host, even during an armed conflict. No entrance without permission is allowed (Article 31).

According to the US-USSR Consular Convention of 1968, the diplomatic properties on each other’s soil are sacrosanct. The consulates enjoy diplomatic immunity. Like it or not, the US has just violated that document by entering the Seattle consulate.

As one can see, all the relevant international conventions state, by and large, the same thing – there is no entrance without permission. This is a hard-and-fast rule, but now all of these conventions have just been breached in broad daylight!

The question arises — what’s the use of signing agreements with someone who flouts them? Today they enter foreign compounds, tomorrow they unilaterally pull out of the Iran deal, and then what? The US can walk away from any major arms-control agreement, just like it abandoned the 1972 ABM Treaty in 2002. Washington signs agreements in order to force others to comply with them, while the US enjoys the freedom to interpret them at will. Nothing is binding upon that “shining city on a hill.”

The relevant domestic law in the US, the 1982 Foreign Missions Act, states that the secretary of state may demand that any foreign mission be stripped of its property if such a move is needed to protect US interests. This can be done provided that one year has passed from the date on which that foreign mission ceased its diplomatic or consular functions. In this case, one year has not passed. What’s more, no clear explanation is offered as to what exactly is meant by “US interests.” And in fact, this act is contradicted by international law. Why should a foreign mission comply with it, if all the conventions listed above are very explicit about property rights and the US is a party to all of them? Anyway, the US law is not relevant in this case, unlike the binding accords America has signed.

It is true that the two nations are engaged in an ongoing “diplomatic war.” That’s a process that’s easy to start and extremely difficult to end. It was not Moscow that started this folly. But even wars have their rules. The US actions are unprecedented and are doing serious damage to the country’s international image. The Seattle consulate’s closure has greatly complicated the lives of many people who have nothing to do with politics.

What about gains? There have been hardly any, especially taking into consideration that the US mission in St. Petersburg, which is going to be closed in response, is much more important for Americans than the consulate office in Seattle was for Russians. The expulsions and closures may go on until the ambassadors are the only ones left, but no one will win. “Tit-for-tat” expulsions are a game with no winners or losers. They are meaningless and doomed to ineffectuality

The ongoing Russian-US “diplomatic war” cannot continue forever. The day will inevitably come when Washington will have to reach some new agreements with Moscow about consulate offices. It’s highly likely that Russia will demand additional guarantees of the safety of its property on American soil. Other nations may follow suit.

Gross violations of international law inflict great damage. The US will not be trusted. It will be viewed as a state that can reject its commitments at any time it chooses. From now on, all nations will know that their embassies and consulates in the US are not protected by the international agreements the American government flouts so easily.