Russia demands that the US return its property – a number of diplomatic buildings near new York. The illegal decision to deprive the Russian diplomats access to these buildings has taken in the last days of its mandate, Barack Obama. Related to this incident from the new US President will be an important feature of its foreign policy.
Russia demanded the return of diplomatic buildings in the United States. “This is the territory belonging to the Russian Federation. So we see this as primarily a breach of obligations, in direct violation of U.S. obligations under the Vienna Convention,” emphasized Ambassador to the U.S. Sergey Kislyak.
“In themselves the measures of the United States against another sovereign state from the point of view of international law – illegal”
Recall, we are talking about two buildings and adjacent territories for recreation in the United States, that Russia has lost one of the last decisions of Barack Obama as President. This, recall, occurred on December 29, 2016 and then 35 Russian diplomats (31 in Washington, four in San Francisco) was declared persona non grata.
Confirming this message, the outgoing President Barack Obama called diplomats “scouts” and noted that the United States have given “necessary and appropriate response”, as Moscow allegedly tried to influence elections in the United States through cyber attacks.
After U.S. authorities announced the decision of the building owned by Russia, blocked the police. One of them is located on long island near new York – one block from high-rise building of the UN. On long island “cottage” employees of the Russian Embassy in Washington and our mission to the UN feast and techniques on Victory Day. A second “cottage” is legally located in Maryland, but in reality it is just a short distance from new York. It was also used for celebrations, particularly Christmas parties for children.
Sergey Kislyak noted that in the case of the Russian facility near new York were violated obligations of the United States as the host country of the UN. “Actually, it’s so unprecedented that ready-made recipes, of course, does not exist. We should, perhaps, be remembered that the reciprocity principle has never been questioned in relations between the two countries”, – the diplomat added.
Meanwhile, the newspaper VIEW noted earlier, that in Moscow and Moscow suburbs the American diplomatic mission also owns multiple buildings of the same character. When the representation of the Ministry of foreign Affairs discussed a “mirror” response, was intended to limit the use of two Moscow facilities: cottages in Serebryany Bor and the old warehouse on Road street in Biryulyovo. In Serebryany Bor also held a variety of techniques for state holidays, such as picnics and barbecues for thanksgiving and independence Day. The purpose of the Biryulyovo warehouse is uncertain, but such a huge structure as the United States Embassy in Moscow clearly needs to be some kind of warehouse.
As noted by the newspaper VIEW, the expulsion of Russian diplomats – not so much hysteria, how much activity “for internal use”, initiated by the rather team Hillary Clinton.
“This is a flagrant violation of the Vienna Convention”
Professor of international law at MGIMO, managing partner at DL Legal Bureau Dmitry Labin wondered why only now the requirements were announced to return the property, not in December, when it was introduced these sanctions. “In themselves the measures of the United States against another sovereign state from the point of view of international law is unlawful. The world order built are still on the sovereign equality of States. In international law there are no grounds for one state to “punish” another state”, – the lawyer said the newspaper VIEW.
The expert recalled that the sanctions mentioned in the UN Charter, only as a collective measure by the decision of the UN security Council. And in extreme cases the state may impose sanctions as self-defense.
“But there was neither the one nor the other. The Vienna Convention on diplomatic relations was among the States to ensure the normal order of interaction of States in the diplomatic sphere. The Vienna Convention provides immunity for the state and its property, which is used for these purposes. Therefore, all the property, primarily real estate owned by a diplomatic mission, is protected under international law, particularly the Vienna Convention. We don’t allow any restrictions, much less a withdrawal. This is a gross violation of the Vienna Convention,” he explained.
As for the accusations of the American side in the fact that these entities allegedly were used to collect information, Labin said that such a situation is also governed by international law. For example, article 33 of the UN Charter provides for all possible ways of peaceful resolution of such disputes.
“If the two States disagree, it is necessary to conduct negotiations, to appoint a Commission to resolve complex issues. In extreme cases there is the possibility of judicial settlement of disputes. But in this case none of these measures was not used and was immediately tagged, supposedly in the opinion of the receiving party that the property is used illegally. In the modern world it is not enough of allegations without presenting any evidence and without trying to resolve the issue, that is, to put on, to hold consultations and to resolve the issue, if it bothers both sides,” – said the expert.
Trump will demand tough concessions
In turn, the scientist-americanist Victor Olevich believes that the administration’s decision of Donald trump to return objects of Russia it would be a positive sign, but to expect that this will happen soon, not worth it.
Moreover, the expert believes trump’s rhetoric toward Russia is ambiguous. On the one hand, he says he would like to establish a relationship, but like a hard negotiator and businessman, he “certainly would require hard concessions in response to the steps of the US towards Russia.”
“The removal of two cottages was illegal and violated the letter and the word of the Vienna Convention. And what’s more – it was produced with completely unsubstantiated allegations that the cottage was reportedly used in non-diplomatic purposes. Of course, the return of these objects to the use of Russian would be a symbolic gesture by the new administration. This would indicate that Washington is interested in improving relations not just in words but in deeds,” said Olevich the newspaper VIEW.
As for the statements Kislyak, the political scientist believes it is not accidental. He stressed that his tenure as Russian Ambassador to the United States comes to an end, and “in its place be appointed where more stringent diplomat” – Anatoly Antonov, now occupying the position of Deputy Minister of foreign Affairs.
“This is an indicator of the changing dynamics of relations between Moscow and Washington. When appointed Kislyak more than eight years ago, the relationship was completely different. Since then, there has been a significant deterioration of relations. The imminent appointment of a new Ambassador is a reflection of the situation which now takes place in the relations between Moscow and Washington,” concluded the expert.