Articles published in the popular press on the Julian Assange case, which was recently decided before the relevant United Nations body, have been both legally and morally problematic. They not only inaccurately portray the nature of international law, they also create false impressions on aspects of the decision which adhere firmly to settled procedure. They also ignore that the body decides matters where freedom of movement is denied, which is how the body defines arbitrary detention.
The decision of the body is neither controversial or unexpected, nor is it much different from previous decisions, which in most cases have involved cases where outspoken individuals are arbitrarily detained, whether de facto or in an official sense. A de facto act is an act which in its effect is the equivalent of the legally acknowledged alternative to it. For example, threatening to arrest a person if they leave their home could still be construed as house arrest in the de facto sense, even if the house arrest is not officially called what it is. Exchange a house for an Ecuadorian embassy, and you have the logic of the Working Group, in the Assange matter.
You will notice that many articles, on the United Nations Working Group on Arbitrary Detention's decision, contain a phrase that they do not attribute to any legal expert. These newspaper articles state that the Working Group's decisions are not legally binding. Unfortunately, this is a case of gross journalistic incompetence. Those legally literate voices who have spoken up have confirmed that the finding of the Working Group, is binding in international law, to the same extent that decisions of other similar bodies are binding.
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The decision of the body is neither controversial or unexpected, nor is it much different from previous decisions, which in most cases have involved cases where outspoken individuals are arbitrarily detained, whether de facto or in an official sense. A de facto act is an act which in its effect is the equivalent of the legally acknowledged alternative to it. For example, threatening to arrest a person if they leave their home could still be construed as house arrest in the de facto sense, even if the house arrest is not officially called what it is. Exchange a house for an Ecuadorian embassy, and you have the logic of the Working Group, in the Assange matter.
You will notice that many articles, on the United Nations Working Group on Arbitrary Detention's decision, contain a phrase that they do not attribute to any legal expert. These newspaper articles state that the Working Group's decisions are not legally binding. Unfortunately, this is a case of gross journalistic incompetence. Those legally literate voices who have spoken up have confirmed that the finding of the Working Group, is binding in international law, to the same extent that decisions of other similar bodies are binding.
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