International law, Sixth edition
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International Law MALCOLM N. SHAW
Ibid., para. 342, citing the Iranian Hostages case, ICJ Reports, 1980, pp. 30–2. See also the
condemnation by the Eritrea–Ethiopia Claims Commission of the entry, ransacking and seizure by Ethiopian security agents of the Eritrean Embassy residence, as well as vehicles and other property, without Eritrea’s consent, Partial Award, Diplomatic Claim, Eritrea’s Claim 20, para. 46. 320 See DUSPIL, 2000, pp. 421–8. In addition, the US had earlier made a number of ex gratia payments to the individuals injured and to the families of those killed in the Embassy bombing, ibid., p. 428. See also Denza, Diplomatic Law, p. 166. 321 See Foreign Affairs Committee, Report, p. xxvi. 322 Memorandum by the Foreign and Commonwealth Office, Foreign Affairs Committee, Report, p. 5. 323 Ibid., p. 9. Such a search was declared essential for the protection of the police, ibid. Note the reference to self-defence is both to domestic and international law, ibid. i m m u n i t i e s f r o m j u r i s d i c t i o n 757 that in certain limited circumstances it may be used to justify entry into an embassy. 324 A rather different issue arises where mission premises have been aban- doned. The UK enacted the Diplomatic and Consular Premises Act in 1987, under which states wishing to use land as diplomatic or consular premises are required to obtain the consent of the Secretary of State. Once such consent has been obtained (although this is not necessary in the case of land which had this status prior to the coming into force of the Act), it could be subsequently withdrawn. The Secretary of State has the power to require that the title to such land be vested in him where that land has been lying empty, or without diplomatic occupants, and could cause damage to pedestrians or neighbouring buildings because of neglect, providing that he is satisfied that to do so is permissible under international law (section 2). By section 3 of the Act, the Secretary of State is able to sell the premises, deduct certain expenses and transfer the residue to the person divested of his interest. This situation occurred with respect to the Cambodian Embassy in London, whose personnel closed the building after the Pol Pot takeover of Cambodia in 1975, handing the keys over to the Foreign Office. 325 In 1979, the UK withdrew its recognition of the Cambodian government after the Vietnamese invasion and since that date had had no dealings with any authority as the government of that country. Squatters moved in shortly thereafter. These premises were made subject to section 2 of the Diplomatic and Consular Premises Act in 1988 326 and the Secretary of State vested the land in himself. This was challenged by the squatters and in R v. Secretary of State for Foreign and Commonwealth Affairs, ex parte Samuel, 327 Henry J held that the Secretary of State had acted correctly and in accordance with the duty imposed under article 45 of the Vienna Convention. The Court of Appeal dismissed an appeal, 328 holding that the 324 See the comments of the Legal Adviser to the FCO, Minutes of Evidence, Foreign Affairs Committee, Report, p. 28. Of course, entry can be made into the building with the consent of the receiving state, as for example when Iran requested the UK to eject militants who had taken over their London embassy in 1980. 325 See C. Warbrick, ‘Current Developments’, 38 ICLQ, 1989, p. 965. 326 See s. 2 of the Diplomatic and Consular Premises (Cambodia) Order, SI 1988 no. 30. 327 Download 7.77 Mb. Do'stlaringiz bilan baham: |
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