With recent diplomatic disputes between Somalia/Ethiopia and Mexico/Ecuador its interesting to understand how embassies are established and what are the basic rules that countries follow once they are established.
Embassies, as sovereign territories of the countries they represent, are subject to specific rules and regulations under international law and diplomatic conventions. Here’s an explanation of how embassies are established and the rules regarding the host country’s ability to enter or remove them:
Establishment of Embassies:
Bilateral Agreements: The establishment of embassies typically begins with bilateral agreements between two sovereign states. These agreements outline the terms and conditions under which diplomatic missions, including embassies, will be established and operated.
Recognition of Diplomatic Relations: Before an embassy can be established, countries must formally recognize each other diplomatically. This recognition signifies mutual acknowledgment of sovereignty and the willingness to engage in diplomatic relations.
Host Country Approval: Once diplomatic recognition is established, the host country must approve the establishment of an embassy on its territory. This approval is usually granted through diplomatic channels and may involve negotiations between the sending and host countries.
Location and Construction: After approval is obtained, the sending country selects a suitable location for its embassy within the host country’s capital. The embassy is constructed or leased, and diplomatic staff are appointed to represent the sending country’s interests.
Host Country’s Authority over Embassies:
Territorial Integrity: Embassies are considered the sovereign territory of the sending country and are therefore subject to its laws and regulations. However, host countries are generally obligated to respect the inviolability of diplomatic missions under international law.
Protection and Security: Host countries are responsible for providing adequate protection and security for foreign embassies and diplomatic personnel. This includes safeguarding the premises from intrusion, vandalism, and other threats.
Non-Interference: Host countries are generally prohibited from entering or searching foreign embassies without permission from the sending country. This principle is enshrined in the Vienna Convention on Diplomatic Relations, which grants embassies immunity from search, seizure, and entry by the host country’s authorities.
Removal of Embassies:
Diplomatic Relations: The closure or removal of embassies can occur in response to diplomatic disputes, strained relations, or changes in government. Countries may choose to recall their ambassadors, suspend diplomatic relations, or close embassies altogether.
Mutual Agreement: In some cases, countries may mutually agree to close or relocate embassies for strategic, logistical, or administrative reasons. This decision is typically made through diplomatic negotiations and is often based on the interests of both parties.
International Law: The closure of embassies must adhere to international law and diplomatic conventions. Host countries must provide adequate notice to the sending country and ensure the safe departure of diplomatic personnel and assets.
Embassies are established through bilateral agreements and diplomatic recognition, and they enjoy certain privileges and immunities under international law. While host countries are responsible for protecting embassies and providing diplomatic privileges, they are generally prohibited from entering or removing them without the sending country’s consent.