Eleanor Finch
Diplomacy is a key tool for countries to engage with each other and foster mutual understanding. The United States, for example, maintains diplomatic relations with almost every country in the world and uses diplomacy to protect its interests and address global challenges. However, the unauthorized negotiation of disputes between a country's government and a foreign government by its citizens is illegal in some countries. In the US, such actions are criminalized by the Logan Act, which was enacted in 1799 to prevent American citizens from interfering in foreign relations. Despite its existence, there have been very few indictments under this Act.
| Characteristics | Values |
|---|---|
| Purpose | To strengthen the state, nation, or organization it serves in relation to others by advancing the interests in its charge |
| Primary tools | International dialogue and negotiation |
| Primary practitioners | Diplomats |
| Weapons | Words, backed by the power of the state or organization they represent |
| Goals | To nurture common interests and values between the people of the United States and the people of other countries |
| Methods | Fighting terrorism, supporting U.S. diplomats, government officials, and personnel, protecting America, and promoting regional stability |
| Public diplomacy | Representing the U.S. in social and cultural activities, such as sports events, films, books, and radio broadcasts |
| Soft power | The cultivation of relationships, respect, or even admiration from others in order to gain influence |
| Migration diplomacy | The use of human migration in a state's foreign policy |
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What You'll Learn
The Logan Act
The Act has been invoked very rarely, with only two indictments ever handed up, in the 19th century. In 1803, a Kentucky farmer, Francis Flournoy, was indicted for writing an article in a newspaper under a pen name. The other indictment was in 1852, but no further details are available. Despite the Act, Logan himself travelled to England in 1810 on a private diplomatic mission before the War of 1812, but was unsuccessful.
In recent times, there have been discussions about invoking the Logan Act, but it has not been used. For example, in 2018, former Secretary of State John Kerry met with the Iranian Foreign Minister, and there was pressure from the Justice Department to indict Kerry for violating the Act. However, law professor Stephen Vladeck did not agree that Kerry's actions were in violation, as his intent was to preserve existing US policy. Vladeck also stated that the Act "raises serious constitutional questions that I think would dissuade even the most zealous prosecutor from trying a case under the Logan Act".
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Congressional recognition of belligerency or independence
In the context of diplomacy, the recognition of a foreign country's belligerency or independence by the US Congress is a significant act that carries historical and legal implications. This process has evolved over time, with notable instances such as the recognition of the United States' independence by France in 1778 and the application of the "recognition of belligerency" doctrine during the US Civil War.
The recognition of belligerency is a customary doctrine in international law that applies in conflicts between a state and a non-state actor. This doctrine has been invoked when specific conditions are met, including the presence of an armed conflict of a general nature, occupation and administration of a substantial portion of national territory by the non-legitimate government, adherence to the rules of war, and the need for outside states to define their attitude through recognition. The recognition of belligerency elevates the status of the non-state actor, triggering international law obligations and affording them certain rights and protections under the law of war.
Historically, the US Civil War has been regarded as the pinnacle of the "recognition of belligerency" doctrine. However, the applicability of this doctrine in contemporary times has been questioned. While it was routinely invoked until the mid-20th century, its relevance in the current geopolitical landscape is uncertain.
On the other hand, the recognition of a foreign country's independence by the US Congress is a significant diplomatic act. In the case of the United States, the Declaration of Independence in 1776 served as the founding document that severed political connections with Great Britain. The Continental Congress's adoption of this declaration on July 4, 1776, marked a pivotal moment in the nation's history. This declaration facilitated the recognition of the United States as a sovereign and independent nation by foreign governments, with France being the first to formally acknowledge it in the 1778 Treaty of Alliance.
The process of recognizing independence involves political and diplomatic considerations, and it can shape the international standing of the newly independent country. It often involves assessing the legitimacy of the independence movement, the stability of the new government, and the potential impact on regional and global geopolitics.
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Diplomatic immunity
The modern practice of diplomatic immunity largely conforms to the 1961 Vienna Convention on Diplomatic Relations, which has been ratified by most sovereign states. The convention formally codified the legal and political status of diplomats, offering them almost total protection from criminal, administrative, and civil laws in the host country. Diplomats remain subject to the laws of their home countries, and their country of origin has the prerogative to waive immunity and allow prosecution, typically if the diplomat commits a serious crime unrelated to their diplomatic role.
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Unauthorized correspondence with foreign governments
The Logan Act (1 Stat. 613, 18 U.S.C. § 953), enacted on January 30, 1799, criminalizes unauthorized negotiations or correspondence between American citizens and foreign governments. The Act was passed in response to George Logan's unauthorized negotiations with France in 1798. Logan, a Pennsylvania state legislator and Quaker, travelled to France and attempted to negotiate directly with the French government, going against the policies of the Federalists, who controlled Congress and the White House at the time.
The Logan Act states that:
> Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned for not more than three years, or both.
This Act ensures that only authorized individuals represent and negotiate on behalf of the United States, protecting the sovereignty and interests of the nation.
It is important to note that the Logan Act does not restrict members of Congress from engaging in discussions with foreign officials as part of their legislative duties. However, any citizen without proper authorization who interferes in the foreign relations of the United States can face serious sanctions.
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Presidential prerogative in foreign relations
The Constitution grants the president the "executive power" in foreign relations, including the authority to send and receive ambassadors, make treaties, and command the military. The president is responsible for executing treaties and international law and is the “last appeal" in matters of foreign policy. They also have the power to recognise foreign states and governments, establish diplomatic relations, and initiate negotiations and military action.
However, many of the president's powers in foreign relations are shared with or subject to the approval of Congress. For example, the president can only appoint ambassadors and make treaties with the participation of the Senate. Their power as commander-in-chief is limited by congressional war powers, and their ability to negotiate and conclude international agreements may require congressional authorisation. Congress also has the authority to pass legislation that impacts foreign relations, such as authorising military force or imposing sanctions.
In certain emergency situations, the president may exercise executive prerogative to act contrary to the Constitution or without congressional approval. This includes spending funds without appropriation, initiating military action, or conducting intelligence operations. However, the president would typically need to seek subsequent ratification of such actions.
In conclusion, while the US president has significant authority in foreign relations, their powers are not absolute and are subject to checks and balances by other branches of government, particularly Congress. The dynamic between the president and Congress in foreign relations is shaped by a combination of constitutional provisions, historical precedent, political considerations, and practical necessities.
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Frequently asked questions
The Logan Act is a United States federal law that criminalizes unauthorized American citizens from interfering in disputes or controversies between the United States and foreign governments.
The Logan Act applies to unauthorized American citizens.
Violation of the Logan Act is a felony, punishable by a fine and/or imprisonment of up to three years.
Yes, there have been two indictments under the Logan Act, in 1803 and 1852, but no convictions.
No, the President is responsible for conducting foreign relations and seeing that treaties are observed.
