Question:
Do Embassies/Consulates sit on their nations soil?
?
2017-01-12 19:02:37 UTC
I know the difference between an embassy and a consulate (yes! there is a difference) so please don't go into that. If it's only the embassy that has this extraterritoriality that does not extend to the consulates please do mention that. I've read on the internet that this is just a common misconception that an embassy/consulate is on the soil of its home nation, but that in reality is just territory but not actual soil.

Anyway, long story short I got confused out of my mind. Could somebody tell me how this works? If I walk into the US Embassy/Consulate in another country (lets use Rome, Italy as an example), am I under US soil? Or just under their territory and laws, and if so, what exactly does that mean (as in what is soil vs territory).

Please go into as much detail as your fingers will allow you to type, I read each response carefully and fully. =]
Thanks again in advance.
Six answers:
?
2017-01-17 02:33:05 UTC
Yes and no. Technically, embassies sit on land that is in another country. Many countries "own" the land, but the land is still in a foreign country. That's one way to look at it. Another way is the common practice that the embassy is immune from local jurisdiction. For example, Italian police won't try to arrest someone on embassy grounds. Why not? Well, though the embassy is in Italy, immunity will generally keep the local police from doing their job *on* the embassy proper.



The other side of the legal coin exists, too. If you are on the embassy grounds, it could be awkward for the Americans to arrest you for a violation of American law that doesn't have a corresponding Italian law which you violate. In general, the embassy doesn't arrest people because they're not in the USA. If you have a warrant in the USA, you can go in and out of the embassy more or less with impunity. Nothing would keep the embassy from phoning the Italian police and telling them that if they arrest you, the local jurisdiction in the USA would extradite you, but that would have to be a special case, not your run-of-the-mill DUI or back alimony warrant.



If you commit a crime in Italy (let's say something serious, like murder), and you scoot onto the embassy, the Italian police might hesitate in chasing you down, making the arrest in the ambassador's office. But they know where you are and there's not much to keep the Americans from returning you to Italian authority.



To answer your question, though the embassy sits in Italy, in practice, Italians wouldn't treat the embassy like the rest of Italy. (Or the Norwegian, Bolivian, Thai or Canadian embassies, either.)



Take care!
?
2017-01-18 06:34:57 UTC
They sit on the soil of the Host Country.





The embassy and grounds are considered to be the Embassies country.

For example if the Building catches Fire, The Local Fire department will not enter until given permission. See link at end.

The HOST country provides the protection of the place outside the grounds.

The Embassy provides what they want INSIDE the Fence.



The Local Host Government could for example declare a Hospital room to be temporarily part of the their own country and the person Born there would then be able to claim they are born under the laws of home home country.

YES this has happened in the past. Look up Royal Family of the Netherlands. Born in Canada.

Princess Margriet



The Princess was born in Ottawa Civic Hospital,Ottawa, Ontario, as the family had been living in Canada since June 1940 after the occupation of the Netherlands by Nazi Germany. The maternity ward of Ottawa Civic Hospital in which Princess Margriet was born was temporarily declared to be extraterritorial by the Canadian government. Making the maternity ward outside of the Canadian domain caused it to be unaffiliated with any jurisdiction and technically international territory. This was done to ensure that the newborn would derive her citizenship from her mother only, thus making her solely Dutch, which could be very important in the case that the child would have been a male, and as such, the heir of Princess Juliana.



It is a common misconception that the Canadian government declared the maternity ward to be Dutch territory. Since Dutch nationality law is based primarily on the principle of jus sanguinis it was not necessary to make the ward Dutch territory for the Princess to become a Dutch citizen. Since Canada followed the rule of jus soli, it was necessary for Canada to disclaim the territory temporarily so that the child, potential heir of the Dutch throne would not, by virtue of birth on Canadian soil, become a Canadian citizen.



The ward to this day has a Plaque to its temporary removal from Canada.



https://todayinottawashistory.wordpress.com/2015/01/01/the-soviet-embassy-fire/
George L
2017-01-13 18:53:30 UTC
No, nor is it specifically the territory of the country.it represents The laws of the country the embassy is lcoated in do not apply inside the embassy, aside for labor laws for the local employees. An American could not be arrested inside an American embassy. Of course, the embassy could decide to turn that person over to the police.
2017-01-24 14:26:11 UTC
Yes.
Bryan
2017-01-23 15:08:18 UTC
Legally yes. In reality no. Their consulate is legally considered as foreign soil residing on their host nation. They are subject to eviction at the discretion of the host nation.
2017-01-12 19:03:21 UTC
Hdhd


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
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