- 352
- Finland
- XoravaX
You're both wrong - while the host country does have jurisdiction over the embassy, "most" host laws are void inside the embassy according to the Wiki article. The host country isn't allowed into the embassy without permission, unless they go in with guns a'blazing and violate the Vienna Convention.
However the foreign countries have accepted the British terms (ie. the possibility to get their embassy raided by the police a week after a warning of such) when they set up their embassies in the UK or decided to continue maintaining them after the terms had changed.
So, are you telling me that the US can't assure the death penalty wouldn't be imposed? They aren't even trying for the death penalty with Manning and he has a possible treason charge.
In a country which has an independent judiciary, how could you assure it isn't imposed (100% sure, not just 99.999...%)? Isn't it up to the judges to decide the penalty, which doesn't have to be in line with what the prosecutor demands. There have been cases in Europe where the penalty has been harder than what the prosecutor demanded.
Of course, all of this supposes that it would be an above the board public extradition. That is not Assange's claim. The claim being they are false allegations designed to get Assange in custody, where he would then be discreetly handed over to American officials, which is why it now would have to be Sweden.
How could an extradition be carried out discreetly? If he is in custody in Sweden and then he suddenly appears in the US facing a trial, that's not pretty discreet (and if he is treated unfairly that whole extradition was illegal). Of course it's easier to hand him over if he is already in the hands of the authorities, but it surely wouldn't go unseen.
Wait, you see no hypocrisy in Britain threatening diplomatic relations to get at Assange but allowing a child rapist free passage through their country because the crime wasn't in the EU? Assange is not technically in Britain, so I fail to see how the EU law applies.
I have no issue with Britain arresting Assange on the street and turning him over, but being willing to violate the sanctity of an embassy and risk diplomatic tensions seems a bit drastic, especially in comparison to their past actions toward similar criminals.
At least the UK and US view the lands of the embassies their own soil which is just lent to the foreign, and the local laws still apply.
But I don't see the British really storming in to get Assange, the threatening of doing so was just pressuring the Ecuadorian to not to grant him asylum. Assange will probably be just taken from his escort off the embassy if he decides to try to leave.