Monday, September 28, 2009

Brazil is Violating International Law analysis of Vienna

I have spent this morning looking at what is and is not permitted of an embassy. 

First, it seems that a state at any time can REVOKE their right to be here, but they have to give reasonable notice before the removable of immunity.  Thus the ten days given by the government.  Brazil is wrong to ignore this because Honduras can legally enter the embassy after that time according to the Vienna Convention.

Article 43 speaks about the ending of rights of a diplomatic agent.

Article 45 speaks about the breaking of diplomatic relations which Brazil did when it removed the Honduran ambassador and closed the embassy.

http://fletcher.tufts.edu/multi/texts/BH408.txt

Lula de Silva told Zelaya several days ago to not do anything to provoke a legitimation of invasion of the embassy by the soldiers. 

Since that time he has continually done provocative acts that have went unreprimanded. He has called for civil war, he has called for random acts of violence, he has made false accusations against a third state (Israel) claiming that they are trying to assasinate him.  All of these acts are provocative acts and embassies cannot be used to call for insurrection or to direct a civil war in a host country.  This violates the Vienna Convention.

Brazil's foreign minster said that any threat to Zelaya would be a violation of International law, but it would actually not be, because Zelaya is recognized as a citizen of Honduras, not Brazil and Brazil has not declared him as a guest or as a asylee and thus far is refusing to do either, claiming that they do not recognize the government...but they do recognize Honduras and they recognize that they have Zelaya in their embassy and that he is a citizen of Honduras wanted for crimes against the state.  So it is actually in their best interest to declare to the international community what Zelaya's status is.  This will protect them from being later accused of violating the soveriegnty of the host state of Honduras.  They broke relations with Honduras when they removed the Honduran embassy in Brazil so it is questionable as to what their diplomatic status is in Honduras.  I believe it is in the best interest of a neutral third party like Panama to determine what should happen there and for declarations to be made in regards to Zelaya.

The US has announced that it was provocative and irresponsible for Zelaya to return in that fashion and to involve Brazil in his little tirade.  What they aren't recognizing is their own involvement in it ...namely their ambassador, Hugo Llorens and his involvement in this mess.  The US ambassador seems to be trying to provoke a war in Honduras.  He by far has been the worst representative for the US that anyone could have hoped for.  We need to send Hugo Llorens packing and get a new representative.  Time for US citizens and Hondurans to protest in front of the US embassy and in Washington and demand his recall.

No comments: