An analysis of the diplomatic crisis between Turkey and the Netherlands in light of the existing international legal framework governing diplomatic and consular relations

摘要

Some of the most heated events related to the 2017 Turkish referendum, which significantly amended the country's constitution, did not take place in Turkey but in several European countries where a large number of Turkish citizens reside. The tension escalated when the Netherlands barred a plane carrying the Turkish Minister for Foreign Affairs from landing on Dutch soil and then prevented the Turkish Family and Social Policies Minister from accessing the Turkish Consulate in Rotterdam. This triggered what has been described as an unprecedented diplomatic crisis between two NATO allies. Turkey vigorously claimed that the Netherlands' behaviour breached the law of diplomatic and consular relations. The Netherlands, in turn, defended its actions, stating that they did not amount to a violation of international law. The present article will first provide an overview of these events and introduce the claims that were made by each side. Secondly, this article will briefly analyse the relevant treaty provisions and customary rules to ascertain whether Foreign Ministers enjoy a special status while visiting a third country and whether consular premises can legitimately be used to carry out political activities, ultimately challenging Turkey’s claims that the Netherlands violated international law.