Sovereignty vs Diplomatic Immunity

Note: “MBS” stands for Saudi crown prince Mohammed bin Salman (age 33). When he said the Saudi Consulate in Turkey Is “Sovereign Territory,” he was wrong. He made the mistake of confusing “sovereign territory” with diplomatic agreements commensurate with Articles 21-25 of the Vienna Convention on Diplomatic Relations of 1961.
 
If MBS ordered the hit, or even if he knew about it but said nothing, then he should be released to Turkey to be charged in accordance with International Law.
 
The Peace of Westphalia (1648), ended the Thirty Years’ War. It recognized the principle of non-interference, which was further developed in the 18th century. The Westphalian system reached its peak in the 19th and 20th centuries.
 
Westphalian sovereignty, or state sovereignty, is the principle in international law that each nation state has exclusive sovereignty over its territory. The principle underlies the modern international system of sovereign states and is enshrined in the United Nations Charter, which states that “nothing should authorise intervention in matters essentially within the domestic jurisdiction of any state.”
 
Embassies and foreign consulates are NOT sovereign states either in whole or part. Rather, they enjoy certain qualified protections and immunities under international law.
 
Put simply, under Articles 21-25 of the Vienna Convention on Diplomatic Relations of 1961, embassies/consulates on foreign soil enjoy help finding a suitable location, maintaining suitable accommodations for its members, inviolate premises, host-nation protection, immunity from “search, requisition, attachment or execution,” dues/tax-free protection, extended diplomatic immunity to “the archives and documents of the mission,” regardless of location.
 
High crimes such as torture and murder do NOT meet “qualification” requirements. In fact, such crimes constitute a violation of the Vienna Convention, thereby subjecting the offending institutions and involved persons to the laws of the host nation.
 
News Article:  https://www.yahoo.com/news/mbs-says-saudi-consulate-turkey-152559781.html
See More:
https://pathtoforeignservice.com/is-an-embassy-on-foreign-soil-the-sovereign-territory-of-the-host-country-or-the-embassys-country/
http://edbarton.com/topics/law/international-law/sovereign-diplomatic-immunity/
https://sites.tufts.edu/lawofthesea/chapter-5/
http://publications.gc.ca/Collection-R/LoPBdP/BP/bp322-e.htm
https://en.wikipedia.org/wiki/United_Nations_Convention_on_the_Law_of_the_Sea

Author: patriot

It was a distinct honor, as well as my pleasure, to serve my country for more than twenty years. I love my country, but sometimes I'm not too happy with its leaders. I'm working to change that, and I could use your help. Please join me! Thanks. : ) - Patriot

Leave a Reply