British practice suggests that international law
Posted: Sun Apr 06, 2025 9:04 am
They concluded that the drafting history of Article 22 of the VCDR “probably makes this principle inappropriate, especially as a ‘remedy’ for violation is provided in the form of a severing of diplomatic relations.” Also, even the UK government in its 1985 report stated in relation to the Libyan incident that:
“It was not legally possible to cease to recognise the Bureau phone number library buildings as premises of the Mission while we remained in diplomatic relations with Libya and the buildings were being used for the purposes of the mission.” (para. 82)
Thus, even does not permit withdrawing the diplomatic status of a building where abusive acts are going on when it is also actually being used for the diplomatic purposes. In such cases the remedy, if it is thought necessary, is to terminate diplomatic relations. Indeed, it seems odd (Assange case aside) to consider that withdrawing consent from the diplomatic status of the building would solve the problem of abusive acts. Even if the status of a particular building is terminated, the receiving State is under an obligation under Art. 21 to facilitate acquisition of premises necessary for a diplomatic mission. If the sending state were inclined to continue to abuse its diplomatic privileges it would simply do it in the next building obtained.
“It was not legally possible to cease to recognise the Bureau phone number library buildings as premises of the Mission while we remained in diplomatic relations with Libya and the buildings were being used for the purposes of the mission.” (para. 82)
Thus, even does not permit withdrawing the diplomatic status of a building where abusive acts are going on when it is also actually being used for the diplomatic purposes. In such cases the remedy, if it is thought necessary, is to terminate diplomatic relations. Indeed, it seems odd (Assange case aside) to consider that withdrawing consent from the diplomatic status of the building would solve the problem of abusive acts. Even if the status of a particular building is terminated, the receiving State is under an obligation under Art. 21 to facilitate acquisition of premises necessary for a diplomatic mission. If the sending state were inclined to continue to abuse its diplomatic privileges it would simply do it in the next building obtained.