Question:
Is the property that a US embassy is located on considered American soil?
Terry
2009-10-20 11:51:54 UTC
In other words, if you enter the US embassy in China, are you considered 'safe in a US controlled location', or just at another place of business in China?
Seven answers:
George L
2009-10-20 17:47:10 UTC
not exactly, at least not in the sense that someone born there would be a US citizen. on the other hand, foreign police would not be able to enter a US embassy, or any other for that matter. However, while they couldn't enter, how would you leave without arrest?
2009-10-20 13:46:53 UTC
NO!

This is a common misconception that doesn't seem to want to die!



US embassies are NOT US soil for any purpose. They are owned or rented properties with special rights due to diplomatic treaties and certain international conventions. US military bases are the same. Contrary to popular perception and a lot of careless news reporting, embassies are still the sovereign territory of the country in which they are located, not of the country whose diplomatic mission is housed there. That is why an office building can host an embassy on some floors and, say, a bank on others.



The reason for the perception is that the Vienna Convention states that the local government fore swears the right to enter an embassy, and diplomatic immunity protects the diplomats working inside. However, this does not mean that that space is somehow transmuted into US (or other) soil or legal territory for any purpose.
westsidedavid
2009-10-20 12:08:59 UTC
The grounds and building of any embassy are considered part of the country owning the embassy. In other words, the American embassy in Beijing is considered to be American soil for so long as it is used as an embassy. In the same way, foreign embassies in the United States are considered part of the foreign country even though they are located in Washington, D.C. Also, many countries have what amount to embassy branch offices in major cities, called consulates. Again, these are considered part of the sponsoring country.



If a person enters an embassy, that person is considered a guest of country whose embassy he has entered. The embassy can tell him to leave if he is not welcome in the embassy -- just getting in does not necessarily mean he is allowed to stay -- but so long as he is in the embassy, the host country cannot send anyone in to take him out. If the person is someone who the embassy country wants to protect, they can grant the person "asylum." This means that he is free to stay in the embassy.



By international convention that has dated back literally for centuries, an attempt to intrude on one embassy is an attempt to violate every embassy. The entire diplomatic community will protest as a group. The leader of the protest is always the ambassador who has the longest tenure in the country. This has led to some fascinating cases, because the United States is very protective of its embassies, but tends to use very short-term ambassadors. So when a host country breaches the standards of diplomacy by, for example, having local police get heavy with American embassy personnel, the American ambassador does not lodge a complaint with the host government, because he rarely has sufficient time in country. Commonly, the duty of protesting goes to the country which has tended to use almost permanent ambassadors, the People's Republic of China. Notably, the Communist Chinese have a very distinguished record that even when the United States for decades refused to recognize the Chinese as the legitimate rulers of their own country, when there was trouble in a foreign country and the United States needed diplomatic courtesies, the Chinese were outstanding in performing this duty.
r1b1c*
2009-10-20 11:54:32 UTC
NO



IT is considered US or United Statesian soil though.



American would imply all of America, that is not the case, a US embassy represents only the US. The US is only one of thirty seven American nations.
Thalia
2009-10-20 11:56:11 UTC
Yes, embassies are regarded as a slice of the mother country in international law. So inside American embassies world-wide, American law applies. They are outside of the jurisdiction of the local governments.



It also applies to the embassies of other governments in Washington. Those are outside American jurisdiction.
Pfo
2009-10-20 11:55:33 UTC
Yes, it is US soil. If you go into an American embassy (you'd need a US passport to enter) Chinese authorities can't pursue you, they'd need to contact the embassy to do so.
2009-10-20 12:00:11 UTC
it is considered US soil


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