Will the Ecuadorian embassy be stormed?

Litigation, and not broken glass, is the more likely consequence.

Last night the foreign minister of Ecuador warned that its London embassy was facing being “stormed” by the United Kingdom government. There had even been a threat in writing, it was claimed. This was a rather dramatic announcement, and it evoked images of SAS soldiers crashing through embassy windows to capture their cornered prey.

The reality seems to be more mundane. The UK government appears to have pointed out that it has the legal power to revoke the embassy status of the premises currently being used by the Ecuadorian embassy. (See Carl Gardner’s excellent post on the applicable law.) As such, this is merely a statement of what the law says. The UK government added that it does not want to use that power and hopes for an eventual compromise. Any threat is at best implicit, but it is hardly a brutal ultimatum.

And what would happen next is even less exciting.  As the UK government will be purporting to be exercising a statutory provision – in this case a power under the Diplomatic and Consular Premises Act 1987 – then any executive action is in principle amenable to the jurisdiction of the High Court for judicial review.  Here it would be Ecuador challenging the UK government in a case that would raise complex points of domestic and international public law.

Accordingly, there will not be breaking glass in Kensington but the prospect of months (or perhaps years) of highly expensive litigation, which will probably reach the Supreme Court. In reality, Ecuador should now be more concerned about lawyers’ bills than any special forces “storming” its embassy.  

All the same, it does appear to be unwise for the UK government to even suggest that the embassy status is at risk. Whilst it is correct that a premises not actually being properly used as an embassy should not have the same legal protection as premises that are being used for such a purpose, it is difficult to see how giving refuge even to someone facing allegations of rape and sexual assault and a valid arrest warrant (and who is also in breach of bail conditions) is by itself sufficient to say the embassy is being so entirely misused that the UK government can invoke the 1987 Act.  And, as a matter of Realpolitik, what the UK government does to embassies in London can also be done to its embassies abroad. 

Of course, this is just one aspect of a mutual exercise in smoke and mirrors by the UK and Ecuadorian governments.  The claim by the Ecuadorian foreign minister may be spin to cover an eventual backing-down, or a signal of a more defiant approach. There may already be a deal between the two countries.   There may be the granting of asylum status, or not.  But there is little new of substance behind the strident assertions of the Ecuadorian foreign minister: the UK government has always had a residual power which it can exercise subject to the High Court, and the Ecuador government has presumably always known this.

International law is important: embassies should be safe and only have their status revoked in exceptional circumstances. But valid European arrest warrants are also part of international law, and they bind the UK if not Ecuador.  The UK is currently in breach of its obligation to extradite Julian Assange to Sweden, just as Assange is in breach of his bail conditions.  In seeking to facilitate the extradition of Assange, the UK government is trying to uphold the law and not break it.

And so due process continues to be evaded, and the rights of the complainants of rape and sexual assault still remain frustrated. However, complainants of rape and sexual assault have rights too.  And the longer this matter drags out, the less chance of any justice in respect of the original allegations.  That is the real scandal.


David Allen Green is legal correspondent of the New Statesman

Metropolitan Police Officers not storming the Ecuadorian embassy. Photograph: Getty Images

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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After the “Tatler Tory” bullying scandal, we must ask: what is the point of party youth wings?

A zealous desire for ideological purity, the influence of TV shows like House of Cards and a gossip mill ever-hungry for content means that the youth wings of political parties can be extremely toxic places.

If you wander around Westminster these days, it feels like you’re stepping into a particularly well-informed crèche. Everyone looks about 13; no one has ever had a job outside the party they are working for. Most of them are working for an absolute pittance, affordable only because Mummy and Daddy are happy to indulge junior’s political ambitions.

It’s this weird world of parliament being dominated by under 25s that means the Tory youth wing bullying scandal is more than just a tragic tale. If you haven’t followed it, it’s one of the most depressing stories I’ve ever read; a tale of thirty-something, emotionally-stunted nonentities throwing their weight around at kids – and a promising, bright young man has died as a result of it.

One of the most depressing things was that the stakes were so incredibly low. People inside RoadTrip 2015 (the campaigning organisation at the centre of the scandal) cultivated the idea that they were powerbrokers, that jumping on a RoadTrip bus was a vital precondition to getting a job at central office and eventually a safe seat, yet the truth was nothing of the sort.

While it’s an extreme example, I’m sure it happens in every political party all around the world – I’ve certainly seen similar spectacles in both the campus wings of the Democrats and Republicans in the US, and if Twitter is anything to go by, young Labour supporters are currently locked in a brutal battle over who is loyal to the party, and who is a crypto-Blairite who can “fuck off and join the Tories”. 

If you spend much time around these young politicians, you’ll often hear truly outrageous views, expressed with all the absolute certainty of someone who knows nothing and wants to show off how ideologically pure they are. This vein of idiocy is exactly where nightmarish incidents like the notorious “Hang Mandela” T-shirts of the 1980s come from.

When these views have the backing of an official party organisation, it becomes easy for them to become an embarrassment. Even though the shameful Mandela episode was 30 years ago and perpetrated by a tiny splinter group, it’s still waved as a bloody shirt at Tory candidates even now.

There’s also a level of weirdness and unreality around people who get obsessed with politics at about 16, where they start to view everything through an ideological lens. I remember going to a young LGBT Republican film screening of Billy Elliot, which began with an introduction about how the film was a tribute to Reagan and Thatcher’s economics, because without the mines closing, young gay men would never found themselves through dance. Well, I suppose it’s one interpretation, but it’s not what I took away from the film.

The inexperience of youth also leads to people in politics making decisions based on things they’ve watched on TV, rather than any life experience. Ask any young politician their favourite TV show, and I guarantee they’ll come back with House of Cards or The Thick of It. Like young traders who are obsessed with Wolf of Wall Street, they don’t see that all the characters in these shows are horrific grotesques, and the tactics of these shows get deployed in real life – especially when you stir in a healthy dose of immature high school social climbing.

In this democratised world of everyone having the ear of the political gossip sites that can make or break reputations, some get their taste for mudslinging early. I was shocked when a young Tory staffer told me “it’s always so upsetting when you find out it’s one of your friends who has briefed against you”. 

Anecdotes aside, the fact that the youth wings of our political parties are overrun with oddballs genuinely worries me. The RoadTrip scandal shows us where this brutal, bitchy cannibalistic atmosphere ends up.

Willard Foxton is a card-carrying Tory, and in his spare time a freelance television producer, who makes current affairs films for the BBC and Channel 4. Find him on Twitter as @WillardFoxton.