This chapter also on the one hand examines the different forms of diplomatic privileges, immunity, and facilities at diplomatic missions and their various personnel as understood under international diplomatic law, and on the other hand considers whether under islamic diplomatic law, the concept of diplomatic immunity exists, particularly from. It is essential reading for diplomats, academics, journalists, students and everyone who has an. In the case of diplomatic agents, the vcdr substantially reproduces the previous rules of customary international law, by which a diplomatic agent was immune from the jurisdiction of the receiving state, namely. Subject to the provisions of this act, a head of and privileges of heads of mission shall be entitled to such immunities and privileges, mission. Diplomatic law is a field of international law concerning the practice of diplomacy, and the rights and obligations of state representatives on the territory of other states. Inviolability of diplomatic agents in the context of. It reflects on the path which diplomatic law followed from the days of its evolution through scholarly discourse and the practice of states to the work of the international law commission, the conclusion of the vienna convention on diplomatic relations vcdr, the. This is why it is necessary to make a clear distinction between the function of representation of a diplomatic mission and the juridical act of representation in international law. The concept of diplomatic agents residing in another country dates to the fifteenth century, but the role of diplomats has evolved with the passage of time. Immunity and privileges of diplomats and their family and. The broad corpus of diplomatic law derives from one of the oldest principles of customary international law, that of state immunity and sovereign immunity. Table of contents overview of international law il 9 definition 9.
This paper seeks to explore whether sovereign or diplomatic immunity is available to government officials when they commit and are charged with the most serious crimes of. A characteristic part of diplomacy has been the ability for diplomatic agents to enjoy certain privileges and immunities sheltered by the international law. Privileges and immunities notes on diplomatic practice. There have been numerous instances where diplomatic immunity has been. Position where agent is a national of the country in which he is to perform diplomatic functions 178184 153 4. A diplomats rank determines many ceremonial details, such as the order of precedence at official processions, table seatings at state dinners, the person to whom diplomatic credentials should be presented, and the title by which the diplomat should be addressed. Pdf diplomatic agents, civil actions and jurisdictional. Among the greatest achievements of the united nations is the development of a body of international law, which is central to promoting economic and social development, as well as to advancing. Whenever in history there have been independent states coexisting, special customs have developed on how the representatives of one state would be treated by other state. Zainab waheed dahham phd student december 1721, 20. This chapter highlights the potential for conflict between these forms of immunity and the rights of the employees, and reflects on cases in which personal servants of diplomatic agents have challenged both the. Diplomatic agent law and legal definition uslegal, inc. Established in 1916, diplomatic security the law enforcement and security arm of the u.
From the traditional point of view, the functions of an envoy or diplomatic agent can be said to consist in representing his home state by acting as the mouthpiece of his government and as the official channel of communication between the governments of the sending and receiving states. Diplomatic immunity is a form of legal immunity that ensures diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host countrys laws, although they may still be expelled. This law is not a new concept as it can be traced back to ancient times where messengers were allowed to cross different territories without fear of being harmed. Originally, diplomatic agents helped to work out certain negotiations between nations, but now a diplomatic agent acts as an intermediary of a foreign nation and the nation which employed the diplomatic agent. Government representatives who are sent by one country to live and work in another, to serve as intermediaries between the two countries. R had to face many difficulties at the time of international conferences, which compelled that government to change name of diplomatic agents, as diplomat diplomats in commonwealth countries are called high commissioners. An analysis on the 1961 vienna convention on diplomatic. Diplomatic law in a new millennium oxford scholarship. Diplomatic agents, civil actions and jurisdictional immunity. Diplomatic and consular law rules regulating the various aspect of diplomatic relations are the result of centuries of states practice. Diplomatic immunity legal definition of diplomatic immunity.
Interestingly, international law is often less important than national laws when it comes to defining the immunity of representatives and personnel of international organizations such as the united nations or the international monetary fund. Abc of diplomacy 5 and formalities for their own sake but rather to ensure the smoothest possible communication between states. Diplomatic immunity for international organization representatives and personnel. Since the vienna convention on diplomatic relations in 1961, the nations of the world have agreed on mutual laws concerning diplomacy.
Ordinary employment contractsincluding those of domestic servantshave been deemed to attract diplomatic immunity because they fall within the scope of diplomatic functions. Diplomatic immunity, in international law, the immunities enjoyed by foreign states or international organizations and their official representatives from the jurisdiction of the country in which they are present. The diplomatic corps may, in certain contexts, refer to the collection of accredited heads of mission ambassadors, high commissioners, and others who represent their countries in another. Its purpose is to facilitate international diplomacy, balancing the. Diplomatic agentsgovernment representatives who are sent by one country to live and work in another, to serve as intermediaries between the two countries. Diplomatic immunities and privileges amendment act 35 of 2008 w. International representation of states is a juridical rapport on whose ground a state grants another state. Diplomatic law governs the conduct of relations between representative organs of a state operating within the territory of another state, and the receiving state. In international practice there have existed for centuries certain privileges and immunities that belong to the heads of state while visiting other states. A general overview of diplomatic immunity in international. Modern diplomatic immunity was codified as international law in the vienna convention on diplomatic relations 1961 which has been ratified by all but a handful of nations. They constitute one of the earliest expressions of international law. Customary international law has crystallised into the vienna convention and its regulations control all foreign diplomats in the world today.
Download pdf diplomatic interference and the law studies. The highest degree of protection is conferred on diplomatic agents and is virtually absolute. Diplomatic agents are those persons who are representative of their own states. Diplomatic rank is a system of professional and social rank used in the world of diplomacy and international relations. Part diplomat, part law enforcement officer, and part security. In the 1960s and 70s international law attempted to solve the problem of terrorism. The very beginning of diplomacy is usually associated with the granting of diplomatic privileges and immunities. The book places each provision of the convention in its historical context. Diplomatic immunity is a principle of international law by which certain foreign government officials are not subject to the jurisdiction of local courts and other authorities.
The abc of diplomacy explains some of the most important and frequently used terms and concepts of diplomacy without claiming to provide a comprehensive glossary of terms on the subject. The inviolability of diplomatic and consular premises. The inviolability of diplomatic envoys has been recognized by most civilizations and. The convention against terrorism was enacted in 1973, the convention on the prevention and punishment of crimes against internationally protected persons, including diplomatic agents was created. An analysis on the 1961 vienna convention on diplomatic relations article pdf available in law november 2015 with 18,061 reads how we measure reads. Article 15 the provisions of the foregoing articles shall not exclude the right of each state to have letters of request executed directly by its diplomatic officers or consular agents, if that is allowed by conventions. It concludes with useful advice for foreign offices and diplomatic agents and underlines the most efficient ways of dealing with situations of alleged interference.
This updated edition also highlights important new trends in. The vienna convention on diplomatic relations 1 in laying down the functions of a diplomatic mission has followed these broad heads whilst indicating certain other functions, such as, promoting friendly relations between the sending state and the receiving state, and developing their economic, cultural and scientific relations, which in. This chapter introduces some of the main considerations on diplomatic relations which form the basis for later parts of the book. State officials and immunity in international law introduction. The basic idea of diplomatic immunity is that foreign diplomats are afforded protection from prosecution should they break a law of the country in which they are working. Diplomatic agents vienna convention on diplomatic relations, 1961 describes about diplomatic agents. Immunity and privileges of diplomats and their family and staff 127 as the international court of justice noted in the us diplomatic and consular staff in tehran case. Privileges and immunities originated as a required protection function enforceable by diplomatic agents. Diplomatic agent law and legal definition a diplomatic agent is a national representative. A principle of international law that provides foreign diplomats with protection from legal action in the country in which they work established in large part by the vienna conventions, diplomatic immunity is granted to individuals depending on their rank and the amount of immunity they need to carry out their duties without legal harassment. It is a basic principle of international law that a sovereign state does not adjudicate on. The inviolability of diplomatic and consular premises carl islam, llmexon, barrister uk this was the first article ever to be published about the existence and legal implications of the diplomatic and consular premises act 1987, which suddenly hit the headlines worldwide in august 2012, during the ecuadorian. Diplomatic agents legal definition of diplomatic agents.