European Political Cooperation in 1989-1990 1. Palestine 2. Inviolability of Diplomatic Missions Renaud Dehousse 1 Full text available: PDF format * As indicated in the first issue of this Journal,2 the purpose of this survey is not to give the positions assumed by the Member States of the European Community in the framework of European Political Cooperation (EPC) but, more modestly, to report the opinions expressed by the Twelve on matters of international law, or on the legal aspects of given international issues. While our first survey covered the eighteen months that followed the coming into force of the Single European Act, this report details developments which occurred in 1989 and 1990. The next survey, due to appear in the first issue of 1993, will cover 1991 and 1992, so as to bring this rubric up to date. Unless otherwise indicated, all documents referred to in this section come from the European Political Cooperation Documentation Bulletin, published by the European University Institute in collaboration with the Institut für Europäische Politik in Bonn, which is by far the most exhaustive source of information on EPC. I. Diplomatic and Consular Relations 1. Palestine In reply to question No. H-1004/88 which was posed by Ms Dury, MEP, the Spanish Presidency indicated that: The PLO has established information and liaison offices in several Member States, where their status in the various capitals ranges widely from full diplomatic status to purely private status without any diplomatic privileges. The question of harmonizing the level of diplomatic representation is linked to that of recognition of a Palestinian State. As indicated in the answer to question No. H-726/88,3 the question of the recognition of a Palestinian State has legal and political implications which have not been discussed in the framework of Political Cooperation.4 2. Inviolability of Diplomatic Missions a. Albania In the summer of 1990, large numbers of Albanian citizens sought refuge in Western embassies, where they hoped to obtain immigration visas. The ensuing tension with Albanian authorities gave rise to fears for the safety of the embassies involved. After a few skirmishes, the Community and its Member States adopted on 5 July a declaration urging the Albanian Government: ... first, to take the necessary measures to ensure the physical safety of the persons who have taken refuge in embassies, to refrain from reprisals against their families, to allow them to receive such assistance as is necessary and to guarantee their free departure from Albanian territory, and secondly, to respect international law and the provisions of the Vienna Convention on diplomatic relations as regards the inviolability of diplomatic missions. Moreover, they express the hope that the Albanian authorities will rapidly adopt the reforms and measures necessary for Albania to become engaged in a process of democratization bringing about a situation in which human rights are fully respected. The European Community and its Member States recall that respect for human rights and the principles of international law is an essential condition for the establishment of normal relations with the Community. Albania has made clear its intention of drawing closer to the CSCE process. The events which are taking place at this moment in Tirana are in complete contradiction to the expressed wishes of the Albanian authorities.5 b. Liberia A similar declaration was adopted on 2 August 1990 as regards the situation in Liberia, where civil war was raging.6 c. Kuwait Following the invasion of Kuwait in August 1990 and its subsequent annexation, the Iraqi Government demanded the closure of all foreign missions in Kuwait City. This was firmly opposed by the Twelve: The Community and its Member States, in the light of their condemnation of the Iraqi aggression against Kuwait as well as of their refusal to recognize the annexation of that State to Iraq, firmly reject the unlawful Iraqi demand to close the diplomatic missions in Kuwait and reiterate their resolve to keep those missions open in view also of the task of protecting their nationals. The Community and its Member States note with satisfaction that this position is shared by a great number of countries and is confirmed by Security Council Resolution 664, which requires the reversal of the illegal demand to close the diplomatic missions.7 The Twelve subsequently denounced as `a very grave violation of the provisions of the 1961 Vienna Convention' the breaking into the premises of the French and Dutch embassies by Iraqi forces, and the removed and detention of several French nationals, including one diplomat. A demarche was made to the Iraqi authorities to demand the immediate release of the captured foreign nationals.8 The Community's reaction was made public on 17 September 1990: The European Community and its Member States ... welcome the unanimous adoption by the Security Council of Resolution 667, condemning Iraq for its actions which constitute a flagrant violation of international law and confronting this country with its responsibilities. The Community and its Member States already stated clearly that they consider all acts perpetrated against one or more among them as committed against all. In response to new very grave illegal acts against their Embassies in Kuwait, and taking into account the measures already taken by some Member States, they have decided of one accord to expel the military personnel attached to the Iraqi Embassies and to limit the freedom of movement of the other Members of their staff. In the same spirit of solidarity they agreed that their Embassies in Kuwait will take charge collectively of the responsibilities, in particular those concerning the protection of nationals, of those Embassies of which the personnel is forced to leave Kuwait as the consequence of illegal actions of the Iraqi authorities. Since the withdrawal of personnel has only been brought about by the material impossibility of staying on, the Embassies are considered to remain open.9 * The free viewer (Acrobat Reader) for PDF file is available at the Adobe Systems. 1 Department of Law, European University Institute. 2 1 EJIL (1990) 378-399. 3 1 EJIL (1990) 380. 4 EPC Bulletin, Doc. 89/094. 5 Doc. 90/271. 6 Doc. 90/294. 7 Declaration of 21 August 1991, Doc. 90/309. 8 Declaration of 14 September 1990, Doc. 90/319. 9 Doc. 90/321.
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