• Monthly
  • $25
  • $50
  • $100
  • $other
  • use PayPal

CounterPunch needs you. piggybank-icon You need us. The cost of keeping the site alive and running is growing fast, as more and more readers visit. We want you to stick around, but it eats up bandwidth and costs us a bundle. Help us reach our modest goal (we are half way there!) so we can keep CounterPunch going. Donate today!
FacebookTwitterRedditEmail

Assange, Pinochet and Diplomatic Double-Dealing

A decade ago, the British government of Labour prime minister Tony Blair decided to back President George W. Bush’s decision to invade Iraq even though foreign office lawyers in London had warned that such an attack had no “legal basis in international law.”

In the midst of sharp divisions in government and British society, the invasion went ahead in March 2003. The consequences were far-reaching and they undermined the Blair government’s authority at home. Limping thereafter, he resigned in June 2007, humbled and apologetic. War and the economy together played no mean part in Tony Blair’s fall in British politics and the Labour Party’s defeat three years later.

A few days ago, Britain’s foreign secretary William Hague personally approved a letter that was sent to Ecuador. Its details were taken as a threat to raid the Ecuadorean Embassy in London and drag out WikiLeaks’ founder Julian Assange for extradition to Sweden, where state prosecutors say they want to question him about complaints of sexual assault. Hague’s letter was delivered to Ecuador despite the “grave reservations of lawyers in his department.”

Speaking anonymously to the Independent newspaper, a senior British official said that “staff feared the move could provoke retaliatory attacks against British embassies overseas.” A large majority in the Organization of American States is up in arms. Outside the Americas too, Britain is struggling to find much sympathy for its stance. In soccer parlance, Prime Minister David Cameron’s center forward has scored a spectacular own goal.

While Julian Assange made a statement from the balcony of the Ecuadorean Embassy in London, attacking America’s “witch hunt” against WikiLeaks and journalistic freedom, several former mandarins of the British Diplomatic Service expressed serious misgivings over William Hague’s handling of the affair. Oliver Miles, a 40-year veteran, described the letter to Ecuador as a “big mistake,” because “it puts the British government in the position of asking for something illegitimate.” Former ambassador to Moscow, Tony Brenton, commented that the Foreign Office had “slightly overreached themselves, for both legal and practical reasons.” And a former envoy to Uzbekistan, Craig Murray, said, “You cannot legislate domestically to opt out of international law.”

Otherwise, the mainstream broadcast and print media continued to provide a running commentary of the whole affair. The coverage has been generally confused, selective, repetitive and often hostile to Assange and a small Latin American country’s decision to grant him asylum. The Economist, though, positioning itself on the other side, criticized Britain’s “ham-handed invocation of a never-used, 1987 law to insinuate that it could, eventually, have the right to enter the embassy.”

It is perhaps necessary at this point to take note of the London-based Bertha Foundation’s lawyer Jennifer Robinson, who has described the British Foreign Office’s letter and the implicit threat as unprecedented––one which, if implemented, would force a profound change in the conduct of international diplomacy. Also important is to take a look at the concerns raised by prominent American feminist writer Naomi Wolf in an article titled “Something Rotten in the State of Sweden: 8 Big Problems with the ‘Case’ Against Assange.” Under her microscope is the entire Swedish legal system.

Why does Assange and others fear that Sweden would repatriate him to the United States, where he could face the rest of his life in jail, even execution for publishing leaked official documents? Because in November 2006 the United Nations found Sweden guilty of violating the global torture ban. Swedish officials handed over Mohammed El Zari and Ahmeed Agiza, two Egyptian asylum seekers, to CIA operatives in December 2001, to be rendered from Stockholm to Cairo. Both were tortured in Egypt. And, as Seamus Milne wrote in the Guardian, because of reports of a secret indictment against Assange by a U.S. federal grand jury in Alexandria, Virginia.

The law says that someone who has suffered persecution, or fears that he or she will suffer persecution because of race, religion, nationality, membership of a particular group or political opinion may seek asylum. In the last few days, the United States has claimed that it does not recognize the concept of “diplomatic asylum.” Exactly what distinction is Washington trying to make between asylum, political asylum and diplomatic asylum is baffling. Assange was after all in the territory of a foreign country that granted him refuge. Let us look at some precedents.

Stalin’s daughter Svetlana sought asylum when she walked into the U.S. Embassy in Delhi in 1967. Aleksandr Solzhenitsyn got asylum and lived in the United States for years before returning to Russia. Martina Navratilova, the Czech tennis player, took asylum in the U.S. in 1975. There are numerous instances when dissidents have been granted refuge in the United States and elsewhere. The concept is universal and depends on the sovereign decision of the country dealing with an asylum request.

Also worth examining is the British foreign secretary’s assertion that the United Kingdom has a “binding obligation” to extradite Assange to Sweden. Let us, for a moment, go back to October 1998. Chile’s former military dictator Augusto Pinochet was visiting London for medical treatment. A Spanish magistrate Baltasar Garzon, now on Assange’s legal team, issued an arrest warrant for Pinochet on charges arising out of crimes against humanity in Chile. Pinochet was arrested a few days later in Britain, where he would spend more than a year in judicial custody, fighting extradition to Spain. The House of Lords, then Britain’s highest court, ruled that Pinochet could indeed be handed over to the Spanish judicial authorities, because crimes such as torture could not be protected by immunity.

The British government nonetheless allowed Pinochet to return to Chile in March 2000 on health grounds. The law was clear, but for Britain’s Labour government at the time there was no “binding obligation” to extradite Pinochet to Spain. Chile under Pinochet had backed the United Kingdom during the brief Falklands war with Argentina. Moreover, he and Britain’s former Conservative prime minister Margaret Thatcher were admirers of each other. There was, after all, a way out for Pinochet to return home instead of being extradited to Spain.

Writing about the essence of rule of law and government’s legitimacy, Thomas Hobbes in his seventeenth-century work Leviathan observed: “The law is the public conscience.”

What conscience?

DEEPAK TRIPATHI is the author of Breeding Ground: Afghanistan and the Origins of Islamist Terrorism (Potomac Books, Incorporated, Washington, D.C., 2011) and Overcoming the Bush Legacy in Iraq and Afghanistan (also Potomac, 2010). His works can be found at: http://deepaktripathi.wordpress.com and he can be reached at:dandatripathi@gmail.com 

More articles by:

Deepak Tripathi is a Fellow of the Royal Historical Society and the Royal Asiatic Society of Great Britain and Ireland. His works can be found at: http://deepaktripathi.wordpress.com and he can be reached at deepak.tripathi.writer@gmail.com.

bernie-the-sandernistas-cover-344x550

May 22, 2019
T.J. Coles
Vicious Cycle: The Pentagon Creates Tech Giants and Then Buys their Services
Thomas Knapp
A US War on Iran Would be Evil, Stupid, and Self-Damaging
Johnny Hazard
Down in Juárez
Mark Ashwill
Albright & Powell to Speak at Major International Education Conference: What Were They Thinking?
Binoy Kampmark
The Victory of Small Visions: Morrison Retains Power in Australia
Laura Flanders
Can It Happen Here?
Dean Baker
The Money in the Trump/Kushner Middle East Peace Plan
Manuel Perez-Rocha – Jen Moore
How Mining Companies Use Excessive Legal Powers to Gamble with Latin American Lives
George Ochenski
Playing Politics With Coal Plants
Ted Rall
Why Joe Biden is the Least Electable Democrat
May 21, 2019
Jeremy Kuzmarov
Locked in a Cold War Time Warp
Roger Harris
Venezuela: Amnesty International in Service of Empire
Patrick Cockburn
Trump is Making the Same Mistakes in the Middle East the US Always Makes
Robert Hunziker
Custer’s Last Stand Meets Global Warming
Lance Olsen
Renewable Energy: the Switch From Drill, Baby, Drill to Mine, Baby, Mine
Dean Baker
Ady Barkan, the Fed and the Liberal Funder Industry
Manuel E. Yepe
Maduro Gives Trump a Lesson in Ethics and Morality
Jan Oberg
Trump’s Iran Trap
David D’Amato
What is Anarchism?
Nicky Reid
Trump’s War In Venezuela Could Be Che’s Revenge
Elliot Sperber
Springtime in New York
May 20, 2019
Richard Greeman
The Yellow Vests of France: Six Months of Struggle
Manuel García, Jr.
Abortion: White Panic Over Demographic Dilution?
Robert Fisk
From the Middle East to Northern Ireland, Western States are All Too Happy to Avoid Culpability for War Crimes
Tom Clifford
From the Gulf of Tonkin to the Persian Gulf
Chandra Muzaffar
Targeting Iran
Valerie Reynoso
The Violent History of the Venezuelan Opposition
Howard Lisnoff
They’re Just About Ready to Destroy Roe v. Wade
Eileen Appelbaum
Private Equity is a Driving Force Behind Devious Surprise Billings
Binoy Kampmark
Bob Hawke: Misunderstood in Memoriam
J.P. Linstroth
End of an era for ETA?: May Basque Peace Continue
Weekend Edition
May 17, 2019
Friday - Sunday
Melvin Goodman
Trump and the Middle East: a Long Record of Personal Failure
Joan Roelofs
“Get Your Endangered Species Off My Bombing Range!”
Jeffrey St. Clair
Roaming Charges: Slouching Towards Tehran
Paul Street
It’s Even More Terrible Than You Thought
Rob Urie
Grabby Joe and the Problem of Environmental Decline
Ajamu Baraka
2020 Elections: It’s Militarism and the Military Budget Stupid!
Andrew Levine
Springtime for Biden and Democrats
Richard Moser
The Interlocking Crises: War and Climate Chaos
Ron Jacobs
Uncle Sam Needs Our Help Again?
Eric Draitser
Elizabeth Warren Was Smart to Tell FOX to Go to Hell
Peter Bolton
The Washington Post’s “Cartel of the Suns” Theory is the Latest Desperate Excuse for Why the Coup Attempt in Venezuela has Failed
Doug Johnson Hatlem
Analysis of Undecideds Suggests Biden’s Support May be Exaggerated
Peter Lackowski
Eyewitness in Venezuela: a 14-year Perspective
Karl Grossman
Can Jerry Nadler Take Down Trump?
FacebookTwitterRedditEmail