Forum: International Court of Justice
Issue: The Extradition of Julian Assange (United Kingdom V. Ecuador)
Student Officer: Anas Soliman (ICJ President), Zeina Gohar (ICJ Chair)
I- Introduction
Since June of 2012, Julian Assange’s extradition case has been notorious for being one of the most
controversial legal and political disputes, given the nature of the numerous parties involved. Julian Assange is
an Australian journalist and publisher, mostly renowned for being the founder and editor of WikiLeaks1, a
non-profit organization that facilitates the anonymous leakage of information and the exposition of
wrongdoing2.
In 2010, during his trip to Sweden, it was reported that Julian Assange sexually assaulted two
Swedish women1. After his return to the UK, Swedish prosecutors issued a European Arrest Warrant, which
was certified by the Serious Organized Crime Agency, the SOCA, demanding Assange’s extradition and
return to Sweden in order to proceed with the investigations1.
Since the establishment of WikiLeaks, the organization has been releasing secret and classified
documents belonging or pertaining to the United States government1, which have caused it great
embarrassment. Subsequently, the US government initiated a criminal investigation, which targeted Assange
with espionage charges1. Moreover, the US military has officially labeled Julian Assange as a wanted
individual and an “enemy of the United States”3. The United States and Sweden share an extradition treaty,
which means that Assange is under the threat of extradition to the United States if he is extradited to Sweden4.
Escaping a threat of eventual extradition to the United States, Assange sought political asylum in the embassy
of Ecuador in the UK, which he was granted finding that he “could at any moment find himself in a situation
likely to endanger life, safety or personal integrity”1.
Through its application to the ICJ, the United Kingdom seeks to confirm that Assange is not a
political refugee and that his political asylum has no legal foundations, thus authorizing his extradition to
Sweden. On the other hand, Ecuador aims to confirm that Assange’s Human rights are severely threatened,
therefore justifying his blatant recognition as a political refugee, in order facilitate his safe passage out of the
UK.
II- Definition of Key Terms
Refugee: A refugee is someone who "owing to a well-founded fear of being persecuted for reasons of race,
religion, nationality, membership of a particular social group or political opinion, is outside the country of his
nationality, and is unable to, or owing to such fear, is unwilling to avail himself of the protection of that
country."5
European Arrest Warrant: The European arrest warrant is a judicial decision valid throughout all member
states of the European Union “issued by a Member State with a view to the arrest and surrender by another
Member State of a requested person, for the purposes of conducting a criminal prosecution or executing a
custodial sentence or detention order.”6
1
"Extraditing Assange." Justice For Assange. Justice4assange.com, Web. 8 July 2014
2
"About WikiLeaks." WikiLeaks. Wikileaks.org, 5 July 2011. Web. 12 July 2014
3
Dorling, Philip. "US Calls Assange 'enemy of State'" The Sydney Morning Herald. Web. 12 July 2014
4
Baker, Scott, David Perry, and Anand Doobay. "A Review Of The United Kingdom's Extradition
Arrangements." n. pag. Gov.uk. 30 Sept. 2011. Web. 12 July 2014
5
"Refugees." UNHCR. Web. 09 July 2014
6
"Law No. 65/2003 of 23 August." Portuguese Legislation in English. GDDC, Web. 12 July 2014
1
WikiLeaks: WikiLeaks is a non-profit organization, which has a “goal to bring important news and
information to the public”, and provides an “innovative, secure and anonymous way for sources to leak
information to the organization’s journalists.”7
Extradition: “The surrender of an alleged criminal usually under the provisions of a treaty or statute by one
authority (as a state) to another having jurisdiction to try the charge.”8
Journalist: “A person engaged in journalism, who is a writer or editor for a news medium and aims at a mass
audience.”9
Political Asylum: The protection granted by a nation to someone who has left their native country as a
political refugee.
III- Background Information
Julian Assange is an Australian journalist and activist that has aroused great concern among numerous
governments since he initiated the WikiLeaks organization in 200710. WikiLeaks is an international, online,
non profit organization dedicated to bringing “important news and information to the public”. The WikiLeaks
organization has disclosed hundreds of classified information and published thousands of secret government
documents in order to achieve its purpose of bringing truth and information to the public. The WikiLeaks
website has published more than 1.2 million documents just within a year of its initiation11.
Assange’s organization met hostile responses from governments all around the world. In 2009, the
Australian Communications and Media Authority added WikiLeaks to the list of sites to be banned after the
implementation of its mandatory Internet filtering scheme12.
The United States government openly condemned the actions of WikiLeaks and the Obama
administration along with the U.S. Army, Federal Bureau of Investigation and the U.S. Department of Justice
have pursued personal legal actions towards Assange. The Obama administration is attempting to bring him to
court on grounds that his organization “encourages the theft of government property”13. The US government
has reportedly asked other parties such as the UK, Germany and Australia to limit his travel across
international borders and consider bringing him to international court.
WikiLeaks and its founder did however gain much support from other countries and even the United
Nations. Following Assange’s arrest in the UK in 2010, Brazil’s President, Luiz Inacio Lula da Silva,
expressed his solidarity with Assange and his organization, and went on to state that an attack on Assange or
any volunteers or employees of his organization is an “attack on freedom of expression”14.
Later that year, the government of Ecuador offered Assange residency in Ecuador so he may freely
publish the information his organization possesses with no fear of arrest or surveillance, according to
7
"About WikiLeaks." WikiLeaks. Wikileaks.org, 5 July 2011. Web. 12 July 2014
8
"Definition of Extradition." Merriam Webster. Web. 12 July 2014
9
"Definition of Journalist." Merriam Webster. Web. 12 July 2014
10
"About WikiLeaks." WikiLeaks. Wikileaks.org, 5 July 2011. Web. 12 July 2014
11
"WikiLeaks Introduction." WikiLeaks.org. Web. 12 July 2014
12
"Australia Secretly Censors Wikileaks Press Release." WikiLeaks.org. Web. 12 July 2014
13
Freeman, Colin. "Rape Claim against Wikileaks Founder Julian Assange Withdrawn." Telegraph.co.uk. 21
Aug. 2010. Web. 12 July 2014
14
"President Lula Shows Support for Wikileaks (English/Español/Italiano Subtitles)." YouTube. Web. 12
July 2014
2
Ecuador’s Deputy Foreign Minister, Kinto Lucas. However, President Rafael Correa later forfeited the offer
to Assange and refuted Lucas’s statements15.
The United Nations Special Rapporteur for Freedom of Opinion and Expression, Frank LaRue, agreed
that Assange was a “martyr of free speech” and he later expressed that neither Assange nor his respective
coworkers should be held accountable for any of the disclosed information, rather it is the sources that leaked
the information that should be held accountable by the entities to which they pertain to16.
In mid August 2010, Assange was charged by the Swedish authorities for the sexual assault of two
Swedish women17. Swedish authorities issued a European Arrest Warrant, requesting that the journalist
returns to Sweden immediately for questioning regarding the sexual assault allegations. This arrest warrant
was later certified by the United Kingdom Serious Crime Agency. The following day, Assange peacefully
surrendered to British police, pleading innocence.
In February 2011, a hearing took place before the Chief Magistrate of England and Wales. The
European Arrest Warrant was labeled as valid and after two unsuccessful appeals the Supreme Court of the
United Kingdom released a statement in 2012 admitting the United Kingdom’s legal obligation to extradite
Assange to Sweden for questioning18.
On 19 June 2012, Assange sought diplomatic asylum in the Ecuadorian embassy in London, where he
has remained since. UK government officials have stated that Assange will be arrested and immediately
extradited to Sweden once he steps foot outside the doors of the embassy19.
In late November 2010, WikiLeaks released a total of 251,000 diplomatic cables. Subsequently, the
United States Department of Justice launched a full-scale criminal investigation on Assange20. The publication
of the government documents unleashed great chaos and outrage in America. In December 2010 Michael
Huckabee, the 44th Governor of Arkansas and formal presidential candidate, called for the assassination of
Julian Assange21.
The United States seeks to prosecute Assange in American court under the Espionage Act of 1917 for
colluding with Chelsea Manning22, the US military official that illegally extracted the 251,000 documents that
were published by WikiLeaks.
If found guilty, Assange could face conviction or even a death penalty. However, the grounds on
which the US wishes to prosecute Assange are still debated and they might not be enough for the court to find
the accused guilty. Furthermore, the United States has not yet submitted an official extradition request, nor is
it clear in the extradition treaty it has with Sweden. Whether Sweden would have the rights to extradite
Assange to the US under the extradition treaty also remains unclear.
In order to bring an end to the case of the internationally wanted Julian Assange, the United Kingdom
has applied to the United Nation’s International Court of Justice to determine whether Ecuador’s diplomatic
15
"Ecuador Offers Asylum to WikiLeaks Founder." The Jerusalem Post. 30 Nov. 2011. Web. 12 July 2014
16
Hall, Eleanor. "The World Today with Eleanor Hall." The World Today. Web. 12 July 2014
17
Davies, Nick. "10 Days in Sweden: The Full Allegations against Julian Assange." The Guardian. Guardian
News and Media, 18 Dec. 2010. Web. 10 July 2014
18
Green, David A. "The Legal Mythology of the Extradition of Julian Assange."New Statesman. 3 Sept. 2012.
Web. 12 July 2014
19
Davies, Lizzy, and Jo Adetunji. "Julian Assange Granted Asylum by Ecuador - as It
Happened." Theguardian.com. Guardian News and Media, 16 Aug. 2012. Web. 12 July 2014
20
"Extraditing Assange." Justice For Assange. Justice4assange.com, Web. 8 July 2014
21
Collins, Nick. "WikiLeaks: Guilty Parties 'should Face Death Penalty'"Telegraph.co.uk. 1 Dec. 2012. Web.
12 July 2014
22
Kohn, Stephen M. "A Sad Day for the US If the Espionage Act Is Used against
WikiLeaks." Theguardian.com. Guardian News and Media, 15 Dec. 2010. Web. 12 July 2014
3
asylum has proper legal foundations, in reference to the Convention and Protocol on the Status of Refugees,
thus determining if Ecuador is under a legal obligation to surrender Assange to British custody in order to
facilitate the UK’s obligation of extraditing him to Sweden.
IV- Major Parties Involved
The United Kingdom
The United Kingdom Serious Crime Agency validated the European Arrest Warrant issued by
Sweden and admitted its obligation to turn Assange over to Swedish authorities in December 2010. The
following day, London police arrested the accused after he peacefully turned himself over to a local police
station, pleading his innocence23.
In February of 2011 the European Arrest Warrant was officially certified at a hearing before the Chief
Magistrate of England and Wales. The judgment was unsuccessfully appealed twice. In June of 2012, the
Supreme Court of the United Kingdom released a statement admitting the United Kingdom’s duty to hand
Assange over to Swedish authorities.
On the 19th of June 2012, Julian Assange sought asylum in the Embassy of Ecuador in London, where
he has remained until today. London Metropolitan police forces surrounded the embassy and have also
remained stationed there ever since. British authorities could state no clearer that police will arrest Assange
once he steps foot outside the premises of the embassy.
Shortly before the Ecuadorian embassy granted the wanted man safe asylum, British authorities
threatened to invade the embassy’s premises to arrest Assange, violating the terms of the Vienna Conventions
and dismissing the building’s diplomatic status. This threat was however withdrawn after it met great
international condemnation and disapproval24.
The Republic of Ecuador
Ecuador, upholding its duty to protect individuals’ “freedom of expression” as explained by foreign
minister Ricardo Patino25, continues to grant Julian Assange political asylum. Assange entered the Ecuadorian
embassy, located on British territory, on the 19th of June 2012, seeking asylum, given his fears of persecution
by the United States government and Swedish authorities.26 On the following August the 16th, Ecuador
announced that Assange’s fears of persecution were well-founded, thus officially granting him political and
diplomatic asylum.23
Ecuador cited that Assange’s indictment for crimes of a political nature is the basis of his request, and
that Ecuador finds that he, as a result of his dedicated defense of freedom of expression and press, is facing a
situation involving an imminent danger of political persecution, which could eventually violate his rights,
integrity and could become a risk to his personal safety.27 The Constitution of the Republic of Ecuador clearly
recognizes the right of asylum and its “extradition laws prevent the extradition of any person whose life or
safety could suffer as a result of the extradition”27. Thus, Ecuador maintains that it is not in violation of the
Extradition Treaty between the UK and itself, given that it regards Assange as a political refugee whom is no
longer eligible for extradition.
Ecuador continues its efforts to protect Assange’s rights by not allowing him to be extradited to
Sweden “without adequate safeguards against US threat”24. As long as Sweden continues its refusal to provide
such safeguards, Ecuador finds itself obligated to shelter Assange as a political victim and refugee, thus
refusing to hand him in to the British authorities.
23
"Wikileaks' Assange Refused Bail." BBC News. 8 Dec. 2012. Web. 12 July 2014
24
"Extraditing Assange." Justice For Assange. Justice4assange.com, Web. 8 July 2014
25
"Ecuador to Continue Assange Asylum." BBC News. 17 June 2013. Web. 12 July 2014
26
"Extraditing Assange." Justice For Assange. Justice4assange.com, Web. 8 July 2014
27
"Ecuador Grants Asylum to Julian Assange. (Press Conference)."WikiLeaks.org. 17 Aug. 2012. Web. 12
July 2014
4
Kingdom of Sweden
In 2010, Swedish authorities came across evidence proving that the founder of WikiLeaks had
sexually assaulted two Swedish citizens. An investigation was launched and authorities issued a European
Arrest Warrant, demanding the accused’s immediate return to Sweden for questioning28. The investigation is
forcibly put on hold, as Swedish authorities await Assange’s return until today.
Sweden shares extradition treaties with both the United Kingdom and the United States of America.
Under the terms of the treaty with the United Kingdom, it is clearly nonnegotiable that the UK is legally
obligated to extradite Assange to Sweden, as under the terms of the European Arrest Warrant29.
Sweden’s extradition treaty with the United States however is what sparks controversy. Under the
terms of the treaty, the assertion that Sweden is under legal and international obligation to extradite Assange
to the US is doubted30. This is due to many reasons that are clearly presented within the clauses of the treaty.
United States of America
Since the establishment of Julian Assange’s non-profit organization, WikiLeaks, secret and
classified documents belonging or pertaining to the United States government have been released31, causing it
great embarrassment. In 2010, Assange oversaw the largest publication of over half a million documents from
the Pentagon and US State Department, which included precise details elucidating the deaths of thousands in
Iraq and Afghanistan.31 Consequently, the US government initiated a criminal investigation, which targeted
Assange and his associates with espionage charges31.
The United States government openly condemned the actions of WikiLeaks, and the Obama
administration along with the U.S. Army, FBI and the U.S. Department of Justice have pursued personal legal
actions towards Assange. Moreover, the US military has officially labeled Julian Assange as a wanted
individual and an “enemy of the United States”32.
Even though the United States has not yet issued an extradition request, Assange fears his eventual
extradition to the United States. Assange is in danger of facing charges including espionage under the
Espionage Act, which could eventually result in a death penalty, if it is within jurisdiction. Also, the United
States and Sweden share an extradition treaty, which means that Assange is under the threat of extradition to
the United States if he is extradited to Sweden33. However, no official charges or extradition requests have
been filed by the United States against Assange.
28
Davies, Nick. "10 Days in Sweden: The Full Allegations against Julian Assange." The Guardian. Guardian
News and Media, 18 Dec. 2010. Web. 10 July 2014
29
Green, David A. "The Legal Mythology of the Extradition of Julian Assange."New Statesman. 3 Sept. 2012.
Web. 12 July 2014
30
"Extradition for Criminal Offences." Swedish Government. Web. 12 July 2014
31
"Extraditing Assange." Justice For Assange. Justice4assange.com, Web. 8 July 2014
32
Dorling, Philip. "US Calls Assange 'enemy of State'" The Sydney Morning Herald. Web. 12 July 2014
33
Baker, Scott, David Perry, and Anand Doobay. "A Review Of The United Kingdom's Extradition
Arrangements." n. pag. Gov.uk. 30 Sept. 2011. Web. 12 July 2014
5
V- Important Events & Chronology
Date (Day/Month/Year) Event
4 October 2006 Julian Assange launches WikiLeaks in Iceland.
Following reports of rape and molestation, Swedish prosecutors
20 August 2010
order the arrest of Assange.
The prosecutor pursuant to the Council of the European Union
26 August 2010
issues a European Arrest Warrant.
WikiLeaks issues more than 250,000 US diplomatic cables, which is
28 August 2010
regarded as a “serious damage to national US security”.
The UK Serious Organized Crime Agency certifies the European
6 October 2010
Arrest Warrant.
19 June 2012 Assange enters the Ecuador’s embassy in London.
British police forces surround the Ecuadorian embassy, where they
20 June 2012
have remained since.
Ecuadorian government officially grants Assange political and
26 August 2012
diplomatic asylum granted by the Ecuadorian Embassy
VI- Related Documents
Vienna Convention on Diplomatic Relations
The Vienna Convention on Diplomatic Relations provides an overview of the structure for diplomatic
relations between sovereign countries and it encompasses the certain freedoms of a diplomatic mission. This
document preserves the concept of diplomatic immunity. 189 States are parties to this convention.
Organization of American States (OAS) Convention of Diplomatic Asylum 1954
As the right to diplomatic asylum is not established in international law, the Organization of
American States Convention on Diplomatic Asylum is regarded as the only treaty in the world that addresses
the concept of diplomatic asylum. The convention was an attempt in 1954 by Latin American countries to
recognize the right to diplomatic asylum as a principle of international law. Ecuador is one of 14 signatories
of this treaty, and this treaty heavily influences its foreign and diplomatic affairs. The fact that neither the
United Kingdom nor Sweden is bound to this treaty, questions either party’s legal obligation to respect or
even recognize Ecuador’s grant of asylum to subjects such as Julian Assange.
Convention and Protocol Relating to the Status of Refugees
The Convention Relating to the Status of Refugees (CRSR) is a United Nations multilateral treaty that
defines a refugee, the rights of a refugee that is granted asylum and the responsibilities of any nation that
provides asylum.
Bilateral Extradition Treaty of 1880 Between UK and Ecuador
The extradition treaty the UK and Ecuador are dually bound to outlines the foundation of extradition
between the two entities. The treaty respects the OAS Convention of Diplomatic Asylum and its terms that the
United Kingdom is not bound to, which causes controversy between the two parties. It is also noteworthy that
the treaty denotes that Ecuador is one of few nations that do not extradite their own nationals.
Convention on Extradition Between The United States of America and Sweden
6
This document provides the terms of the Extradition Treaty between the United States and Sweden. It
is a document that causes debate regarding the duty of Sweden to extradite Julian Assange to the United
States, as it is argued that the terms of the convention exclude the case of Julian Assange.
Council Framework Decision on the European Arrest Warrant and the Surrender Procedures Between
Member States
This Council Framework Decision of 13 June, 2002 provides an encompassing understanding of the
European Arrest Warrant including the definition, scope, and obligation to execute the warrant. It also
includes the grounds for optional and mandatory non-execution of the warrant as well as the procedures to be
taken during the surrender of an extradited individual from one entity to another. This document specifies the
basis on which the United Kingdom should extradite individuals to nations part of the European Union.
VII- Useful Links
1. http://www.government.se/sb/d/2710/a/15435
2. https://www.gov.uk/extradition-processes-and-review
3. http://www.unog.ch/80256EDD006B8954/(httpAssets)/7F83006DA90AAE7FC1256F260034B806
/$file/Vienna%20Convention%20(1961)%20-%20E.pdf
4. http://www.oas.org/juridico/english/treaties/a-46.html
5. http://www.unhcr.org/3b66c2aa10.html
6. http://internationalextraditionblog.files.wordpress.com/2010/12/us-sweden-extradition-treaty-
14-ust-1845.pdf
7. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/117680/european
-arrest-warrant.pdf
8. http://justice4assange.com/extraditing-assange.html#UKVETO
VIII- Bibliography
"About WikiLeaks." WikiLeaks. Wikileaks.org, 5 July 2011. Web. 12 July 2014
"Australia Secretly Censors Wikileaks Press Release." WikiLeaks.org. Web. 12 July 2014
Baker, Scott, David Perry, and Anand Doobay. "A Review Of The United Kingdom's Extradition Arrangements." n.
pag. Gov.uk. 30 Sept. 2011. Web. 12 July 2014
Collins, Nick. "WikiLeaks: Guilty Parties 'should Face Death Penalty'" Telegraph.co.uk. 1 Dec. 2012. Web. 12 July
2014
Davies, Lizzy, and Jo Adetunji. "Julian Assange Granted Asylum by Ecuador - as It Happened." Theguardian.com.
Guardian News and Media, 16 Aug. 2012. Web. 12 July 2014
7
Davies, Nick. "10 Days in Sweden: The Full Allegations against Julian Assange." The Guardian. Guardian News
and Media, 18 Dec. 2010. Web. 10 July 2014
"Definition of Extradition." Merriam Webster. Web. 12 July 2014
"Definition of Journalist." Merriam Webster. Web. 12 July 2014
Dorling, Philip. "US Calls Assange 'enemy of State'" The Sydney Morning Herald. Web. 12 July 2014
"Ecuador Grants Asylum to Julian Assange. (Press Conference)." WikiLeaks.org. 17 Aug. 2012. Web. 12 July 2014
"Ecuador Offers Asylum to WikiLeaks Founder." The Jerusalem Post. 30 Nov. 2011. Web. 12 July 2014
"Ecuador to Continue Assange Asylum." BBC News.17 June 2013. Web. 12 July 2014
"Extraditing Assange." Justice For Assange. Justice4assange.com, Web. 8 July 2014
"Extradition for Criminal Offences." Swedish Government. Web. 12 July 2014
Freeman, Colin. "Rape Claim against Wikileaks Founder Julian Assange Withdrawn." Telegraph.co.uk. 21 Aug.
2010. Web. 12 July 2014
Green, David A. "The Legal Mythology of the Extradition of Julian Assange." New Statesman. 3 Sept. 2012. Web.
12 July 2014
Hall, Eleanor. "The World Today with Eleanor Hall." The World Today. Web. 12 July 2014
Kohn, Stephen M. "A Sad Day for the US If the Espionage Act Is Used against WikiLeaks." Theguardian.com.
Guardian News and Media, 15 Dec. 2010. Web. 12 July 2014
"Law No. 65/2003 of 23 August." Portuguese Legislation in English. GDDC, Web. 12 July 2014
"President Lula Shows Support for Wikileaks (English/Español/Italiano Subtitles)." YouTube. Web. 12 July 2014
"Refugees." UNHCR. Web. 09 July 2014
"Wikileaks' Assange Refused Bail." BBC News., 8 Dec. 2012. Web. 12 July 2014
"WikiLeaks Introduction." WikiLeaks.org. Web. 12 July 2014.
