21
Abuse of Foreign Embassy for Political Propaganda
The International Court of Justice published a press release dated October 29, 2009, on the filing by the Republic of Honduras of a claim against the Federative Republic of Brazil. Allegedly, Brazil's embassy in Honduras awards critics of the Honduras government safe haven and enables the critics' political propaganda. The release states:
Honduras respectfully requests the Court to adjudge and declare that Brazil does not have the right to allow the premises of its Mission in Tegucigalpa to be used to promote manifestly illegal activities by Honduran citizens who have been staying within it for some time now and that it shall cease to do so. Just as Brazil rightly demands that the Honduran authorities guarantee the security and inviolability of the Mission premises, Honduras demands that Brazil's diplomatic staff stationed in Tegucigalpa devote themselves exclusively to the proper functions of the Mission and not to actions constituting interference in the domestic affairs of another State. Id.Honduras argues that Brazil violates, inter alia, the 1961 Vienna Convention on Diplomatic Relations and claims damages. -- Clemens Kochinke, partner, Berliner, Corcoran & Rowe, LLP, Washington, DC.
Fri, / Embassy Law Link
Terror Claims Not Commercial Claims
On October 28, 2009, the United States District Court for the District of Columbia determined that terror activities cannot simply be restyled as commercial activities. Plaintiffs had based certain claims for compensation on the terror exception to the sovereign immunities of Libya under the Foreign Sovereign Immunities Act.
When the exception for state sponsors of terrorism became inapplicable after the renewal of relations between the United States and Libya, they sought to pursue their claims under the commercial exception of the FSIA.
The court explained why that avenue is not open to the plaintiffs, in the matter McDonald et al. v. Socialist People's Libyan Arab Jamahiriya et al., docket number 06-0729. -- Clemens Kochinke, partner, Berliner, Corcoran & Rowe, LLP, Washington, DC.
Fri, / Embassy Law Link