GROUP 4 – INTERNATIONAL LAW

Firma Afta Ghifary (20200510350)

Gizca Prameswari (20200510306)
Graacylia Puspha Sena (20200510358)
Najmi Syifa Ramadhani (20200510247)
Rizky Rimbawan (20200510090)

Indonesia must protest wiretapping by embassies: House Speaker

REPUBLIKA.CO.ID, PURWOKERTO -- House Speaker Marzuki Alie said the

Indonesian government must lodge a strong protest against the alleged wiretapping
facilities installed at the United States Embassy in Jakarta. "As a friendly state, it is
unethical for the embassy to conduct wiretapping activities; doing so, violates
cooperation and tarnishes mutual trust," the House Speaker said here on Friday.He
noted that the House's Commission I on foreign affairs will summon the foreign ministry
officials to gain some clarity on the issue. Alie asserted that clarifications were necessary
to find out whether the wiretapping was performed systematically by the US government
or only by certain institutions. "Of course we have to strongly protest against the
wiretapping," he stressed.
The US embassy in Jakarta is allegedly one of the 90 sites around the world where the
United States has installed wiretapping facilities.In Asia, such facilities were also installed
at the US embassies in Jakarta, Bangkok, Kuala Lumpur, and Yangon.
The House of Representatives' Commission I Vice Chairman Agus Gumiwang
condemned the United States and Australia for allegedly spying on the Indonesian
government and Indonesian politicians. "If the reports of tapping activities are confirmed,
we strongly condemn the United States and Australia. The Indonesia-US and Indonesia-
Australia bilateral relationships should be based on many aspects, including mutual
trust," said Gumiwang in Jakarta on Friday. According to Gumiwang, the Indonesian
government should also strongly condemn these tapping activities, which prove that the
United States and Australia are not true friends of Indonesia. "Their interest in Indonesia
is not greater than our interest in them," he noted.However, Gumiwang added, Indonesia
must prioritize good ethics in handling this situation with regard to maintaining its bilateral
relationship with other countries.
The alleged tapping activities conducted by the United States and Australia were
revealed in a report by the Sydney Morning Herald published on Oct. 31, 2013, based
on allegations made by former NSA employee Edward Snowden, who said the two
countries possessed tapping facilities at their embassy in Jakarta and in other cities
throughout the ASEAN region, such as in Kuala Lumpur, Bangkok, and Yangon.
In the meantime, the Indonesian Ministry of Foreign Affairs has summoned Australian
Ambassador Greg Moriarty to respond to charges of wiretapping facilities being found at
the Australian embassy in Jakarta, according to Director of Information and Media Siti
Sofia."The summons of the Australian Ambassador to Indonesia Greg Moriarty was
released this morning, as explained yesterday," stated Sofia.The Foreign Ministry has
demanded an explanation from the Australian government about the wiretapping facility
that was built in the embassy building in Jakarta and at the Consulate General in
Denpasar.
News of the wiretapping facilities broke only one day after the Sydney Morning Herald
published a report identifying similar facilities at the US Embassy in Jakarta. The Foreign
Ministry holds that if the Sydney Morning Herald's reports are accurate, then these acts
of espionage by the Australian government cannot be justified.

Source;
https://www.republika.co.id/berita/mvl6uq/indonesia-must-protest-wiretapping-by-
embassies-house-speaker

THE QUESTION

1. Find what kind of violations from the case end explain what violations that
happened based on Vienna convention
Based on the study case, the violations that happened above is wiretapping by
the US and Australia in the US Embassy in Jakarta and the Consulate General in
Denpasar.
Based on the information provided, the violations that can be identified in this case are:
1. Violation of Sovereignty: The alleged wiretapping activity at the Jakarta embassy
by the US and Australia violates the principle of sovereignty. Embassies are
considered the territory of the host country and any unauthorized surveillance or
intelligence gathering on embassy grounds without the consent of the host country
is a violation of its sovereignty.

2. Violation of Diplomatic Immunity: If wiretapping is confirmed, it constitutes a

violation of diplomatic privileges. Diplomatic personnel and embassy facilities
enjoy immunities and protections under the Vienna Convention on Diplomatic
Relations. Unauthorized surveillance of embassy premises undermines the principle
of diplomatic immunity and the sanctity of diplomatic missions.

3. Violation of Mutual Trust and Cooperation: Eavesdropping undermines mutual

trust and cooperation between nations. Indonesia's relations with the United States
and Australia are based on mutual trust and respect for sovereignty. Surveillance
covertly without proper consent or knowledge undermines the basis of trust and
cooperation between nations.
 For the specific provisions of the Vienna Convention on Diplomatic Relations
dealing with these violations, see Articles 27(1) and 41(1) of that Convention. These
clauses emphasize the inviolability of embassy premises and the obligation of the host
state to ensure the protection of diplomatic missions abroad and their personnel. While
Article 41 that emphaisze about respect for the laws and regulations of the receiving
state. This article stated that the alleged wiretapping activities could be viewed as a
violation of the principle of respecting the laws and regulations of the receiving state.
Article 41 requires that diplomats and embassy staff comply with the laws of the host
country, and engaging in unauthorized surveillance or wiretapping would likely be
considered unlawful.

2. What kind of action strategy based on international law

Following the alleged wiretapping of the US and Australian embassies in

Jakarta, various actions and policies could be taken under international law.
First, the Indonesian government should make a strong diplomatic protest to the United
States and Australia, expressing concern over alleged violations of diplomatic norms
and the Vienna Convention, and demanding explanations. The protest could be used to
reiterate Indonesia's position on the issue and express hope for a resolution.

Indonesia could also use international diplomatic channels to raise the issue more
broadly. By reporting alleged violations to international bodies such as the United
Nations and regional bodies such as ASEAN, Indonesia can seek help from other
countries and increase international pressure on the United States and Australia to
address the issue. This approach could help demonstrate that the alleged wiretapping
activity is unacceptable in the international community.

Legal remedies may be taken to remedy the alleged violation. If necessary, Indonesia
may consider initiating judicial proceedings or arbitration under international law to
hold responsible parties accountable for their actions. This provides a formal platform
for presenting evidence, identifying violations, and taking appropriate action to resolve
the situation.

Bilateral negotiations with the United States and Australia are crucial to addressing this
issue head-on. Through diplomatic channels, Indonesia can participate in consultations
aimed at clarifying the wiretapping suspicions, requesting guarantees to prevent
recurrence, and seeking ways to restore trust. Establishing a bilateral committee or
working group to address intelligence and security concerns can facilitate these
negotiations. Reviewing and strengthening domestic laws protecting diplomatic
facilities, privacy and national security could be another positive step for Indonesia. By
ensuring that its laws meet international standards, Indonesia will be better protected
against unauthorized surveillance and eavesdropping activities in the future.

Active participation in international discussions and forums related to cybersecurity,

intelligence activities and protection of diplomatic facilities is essential. Indonesia can
advocate for stronger norms and regulations in these areas, thereby contributing to the
development of global standards and policies that promote respect for diplomatic norms
and privacy rights.

Finally, public diplomacy and raising awareness of alleged violations are important
aspects of the response. By issuing an official statement, engaging with the media, and
engaging with civil society organizations, Indonesia will highlight the issue, garner
public support, and stress the importance of respecting diplomatic norms and
international law. It is important to consider your particular situation and consult with
legal experts, diplomats and international legal counsel to determine the most effective
course of action for your particular situation.