06-28-2016, 12:47 AM
(This post was last modified: 06-28-2016, 12:50 AM by Passion4Diving.)
Technically, the Diplomatic Relations Convention of 1961 does not automatically grant extraterritorial privileges, which many folks automatically believe.
Here is the section of that document that is relevant:
Vienna Convention on Diplomatic Relations 1961.
Article 22
1. The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission.
2. The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.
3. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.
This means that Article 22 enforces only the protection and integrity of the premises (i.e. the host nation is not allowed to enter the premises without consent, including acts of war) BUT it does NOT grant extraterritoriality (i.e. a US Embassy being legally US soil) - so US laws DO NOT necessarily apply within the Embassy premises.
That said, a host country can grant extraterritoriality status to foreign embassies; Jamaica as part of the Commonwealth, has granted extraterritoriality status to embassies within their Nation.
As to Forte's tweet, in my opinion, this woman's attitude once again demonstrates how the formerly-opprerssed become the oppressor in a misguided interpretation of religion. It is not against Jamaican law to be homosexual (and more broadly the LGBT community), it is (sadly) against the law to engage in homosexual acts. Further, I read that she had a number of tweets from her fellow citizens saying she was wrong and insensitive. So at least that shows there are some people there who recognize that human life is more valuable than any personal view and when something like this happens its more important to stand together than to share those views.
What the Jamaican PM expressed was far more relevant: a terrible attack on humanity.
Many US Embassies around the world place the rainbow flag below the US flag and raised it to half staff.
Here is the section of that document that is relevant:
Vienna Convention on Diplomatic Relations 1961.
Article 22
1. The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission.
2. The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.
3. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.
This means that Article 22 enforces only the protection and integrity of the premises (i.e. the host nation is not allowed to enter the premises without consent, including acts of war) BUT it does NOT grant extraterritoriality (i.e. a US Embassy being legally US soil) - so US laws DO NOT necessarily apply within the Embassy premises.
That said, a host country can grant extraterritoriality status to foreign embassies; Jamaica as part of the Commonwealth, has granted extraterritoriality status to embassies within their Nation.
As to Forte's tweet, in my opinion, this woman's attitude once again demonstrates how the formerly-opprerssed become the oppressor in a misguided interpretation of religion. It is not against Jamaican law to be homosexual (and more broadly the LGBT community), it is (sadly) against the law to engage in homosexual acts. Further, I read that she had a number of tweets from her fellow citizens saying she was wrong and insensitive. So at least that shows there are some people there who recognize that human life is more valuable than any personal view and when something like this happens its more important to stand together than to share those views.
What the Jamaican PM expressed was far more relevant: a terrible attack on humanity.
Many US Embassies around the world place the rainbow flag below the US flag and raised it to half staff.