ex gratia
payments to the individuals injured and to the families of those killed in the Embassy
bombing,
ibid.
, p. 428. See also Denza,
Diplomatic Law
, p. 166.
321
See Foreign Affairs Committee,
Report
, p. xxvi.
322
Memorandum by the Foreign and Commonwealth Office, Foreign Affairs Committee,
Report
, p. 5.
323
Ibid.
, p. 9. Such a search was declared essential for the protection of the police,
ibid.
Note
the reference to self-defence is both to domestic and international law,
ibid.
i m m u n i t i e s f r o m j u r i s d i c t i o n
757
that in certain limited circumstances it may be used to justify entry into
an embassy.
324
A rather different issue arises where mission premises have been aban-
doned. The UK enacted the Diplomatic and Consular Premises Act in
1987, under which states wishing to use land as diplomatic or consular
premises are required to obtain the consent of the Secretary of State. Once
such consent has been obtained (although this is not necessary in the case
of land which had this status prior to the coming into force of the Act), it
could be subsequently withdrawn. The Secretary of State has the power to
require that the title to such land be vested in him where that land has been
lying empty, or without diplomatic occupants, and could cause damage
to pedestrians or neighbouring buildings because of neglect, providing
that he is satisfied that to do so is permissible under international law
(section 2). By section 3 of the Act, the Secretary of State is able to sell the
premises, deduct certain expenses and transfer the residue to the person
divested of his interest.
This situation occurred with respect to the Cambodian Embassy in
London, whose personnel closed the building after the Pol Pot takeover
of Cambodia in 1975, handing the keys over to the Foreign Office.
325
In
1979, the UK withdrew its recognition of the Cambodian government
after the Vietnamese invasion and since that date had had no dealings
with any authority as the government of that country. Squatters moved
in shortly thereafter. These premises were made subject to section 2 of
the Diplomatic and Consular Premises Act in 1988
326
and the Secretary of
State vested the land in himself. This was challenged by the squatters and
in
R
v.
Secretary of State for Foreign and Commonwealth Affairs, ex parte
Samuel
,
327
Henry J held that the Secretary of State had acted correctly
and in accordance with the duty imposed under article 45 of the Vienna
Convention. The Court of Appeal dismissed an appeal,
328
holding that the
324
See the comments of the Legal Adviser to the FCO, Minutes of Evidence, Foreign Affairs
Committee,
Report
, p. 28. Of course, entry can be made into the building with the consent
of the receiving state, as for example when Iran requested the UK to eject militants who
had taken over their London embassy in 1980.
325
See C. Warbrick, ‘Current Developments’, 38 ICLQ, 1989, p. 965.
326
See s. 2 of the Diplomatic and Consular Premises (Cambodia) Order, SI 1988 no. 30.
327
The Times
, 10 September 1988.
328
The Times
, 17 August 1989; 83 ILR, p. 232. Note that in
Secretary of State for Foreign
and Commonwealth Affairs
v.
Tomlin, The Times
, 4 December 1990; [1990] 1 All ER 920,
the Court of Appeal held that in this situation, the extended limitation period of thirty
years under s. 15(1) of and Schedule 1 to the Limitation Act 1980 was applicable and the
squatters could not rely on twelve years’ adverse possession.
758
i n t e r nat i o na l l aw
relevant section merely required that the Secretary of State be satisfied that
international law permitted such action.
329
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