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Q&A: UK can enter embassy, says law expert

The UK's threat to enter the Ecuadorian embassy in London to arrest Julian Assange is a valid legal loophole, says ANU's Professor Donald Rothwell.

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3 min read

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By Andy Park

Source: SBS


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Police and supporters of WikiLeaks founder Julian Assange are gathering outside the Ecuadorian embassy in London, as British authorities have reportedly threatened to end a two-month stand-off and enter the embassy to arrest him.

Donald Rothwell is Professor of International Law at Canberra's ANU.

Professor, there's many diplomatic layers to this story, can the UK legally enter the Ecuadorian embassy to arrest Mr Assange?

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Well, under international law, the Vienna Convention of Diplomatic Relations makes it quite clear that the Ecuadorian embassy enjoys protection in which it claimed to be which would preclude the UK authorities from entering the embassy. However, it seems the United Kingdom has also reminded Ecuador that under the provisions of the Diplomatic and Consular Premises Act it may revoke that protection in extraordinary circumstances and apparently the United Kingdom has formed the view that situation concerning Mr Assange has reached that level.

So, why can't the UK simply wait for him to come out? Why is it taking so long for the Ecuadorian government to announce what is mostly considered a foregone conclusion - the fact that they have already extended Mr Assange political asylum?

Well first of all I think the UK is clearly growing very impatient about this matter and they are fearful that even if Ecuador grants Assange asylum, Assange might just hole up in the embassy for a considerable amount of time. This might just play out over many months or it might be even years. In fact there have been cases where persons that have been granted asylum have lived in an embassy for quite a lengthy period of time. I think the reason for the hesitancy on the part of Ecuador is that they are concerned that as a result of this threat from the UK, not are they only viewing that as a hostile act but it's also a situation whereby the granting of asylum to Mr Assange could be just seen as symbolic.

President Rafael Correa has been criticised on his record on freedom of the press – is he stretching this out for his own domestic reasons?

Well certainly Ecuador is gaining a very large degree of international prominence over this matter. It is true that it is caught in a bit of a gap here between the United States, who is clearly looking on very closely in this matter to which Ecuador has close trading relations being a South American country. But also now we also have this situation with respect to the United Kingdom so Ecuador has to be very careful now because if it doesn't satisfactorily resolve this matter, it might have a very, very significant impact upon diplomatic and other relations with these major powers.

And how do you see this deadlock playing out in the coming hours?

Well all I can say is that Ecuador has indicated that they will give their final decision in this matter within 24 hours but at the moment it increasingly seems they are being wedged by the UK.


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