Diplomatic law
Encyclopedia
Diplomatic law is that area of international law
that governs permanent and temporary diplomatic
missions. A fundamental concept of diplomatic law is that of diplomatic immunity
, which derives from state immunity
.
Key elements of diplomatic law are the immunity of diplomatic staff, the inviolability of the diplomatic mission and its grounds, and the security of diplomatic correspondence and diplomatic bags. Famous cases involving the breaking of diplomatic laws includes the Iran hostage crisis in 1979, the shooting of a British police woman from the Libyan Embassy in London
in 1984, and the discovery of a former Nigerian Minister in a diplomatic crate at Stansted airport in 1984.
It is also an accepted principle of customary international law and is recognised between countries as a matter of practicality. Diplomatic law is often strictly adhered to by states because it works on reciprocity. For example, if you expel diplomats from a certain country, then your diplomats will most likely be expelled from this country. It is in this way that diplomatic relations between states, and government to government interaction, can prosper.
. Questions not expressly regulated by the Convention continue to be governed by the rules of customary international law
.
in the receiving state, although there is no immunity from the jurisdiction of the sending state.
The only remedy the host state has in the face of offences alleged to have been committed by a diplomat is to declare him or her persona non grata
. In 1999, for example, an attaché
of the Russian Embassy in Washington DC was declared persona non grata for suspected "bugging"
of the State Department
.
The UN Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents was adopted in 1973. It provides that states parties must make attacks upon diplomats a crime in internal law, and obliges them to extradite or prosecute offenders. However, in exceptional cases, a diplomat may be arrested or detained on the basis of self-defence or in the interests of protecting human life
.
The private residence, papers, correspondence and property of diplomats are also inviolable. In general, diplomats are immune from civil and administrative jurisdiction of the state in which they are serving, although there are a number of important exceptions.
The receiving state is under a special duty to protect the mission premises from intrusion or damage or "impairment of its dignity". By the same token, the premises of a mission must not be used in a way which is incompatible with the functions of the mission.
. Similarly, the receiving state may at any time declare any member of the diplomatic mission persona non grata
and thus obtain the removal of that person.
has emphasised that in the absence of treaty or customary rules to the contrary, a decision by a mission to grant asylum involves a derogation from the sovereignty of the receiving state. The Organization of American States
agreed a convention in 1954.
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
that governs permanent and temporary diplomatic
Diplomacy
Diplomacy is the art and practice of conducting negotiations between representatives of groups or states...
missions. A fundamental concept of diplomatic law is that of diplomatic immunity
Diplomatic immunity
Diplomatic immunity is a form of legal immunity and a policy held between governments that ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws...
, which derives from state immunity
State immunity
The doctrine and rules of state immunity concern the protection which a state is given from being sued in the courts of other states. The rules relate to legal proceedings in the courts of another state, not in a state's own courts...
.
Key elements of diplomatic law are the immunity of diplomatic staff, the inviolability of the diplomatic mission and its grounds, and the security of diplomatic correspondence and diplomatic bags. Famous cases involving the breaking of diplomatic laws includes the Iran hostage crisis in 1979, the shooting of a British police woman from the Libyan Embassy in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
in 1984, and the discovery of a former Nigerian Minister in a diplomatic crate at Stansted airport in 1984.
It is also an accepted principle of customary international law and is recognised between countries as a matter of practicality. Diplomatic law is often strictly adhered to by states because it works on reciprocity. For example, if you expel diplomats from a certain country, then your diplomats will most likely be expelled from this country. It is in this way that diplomatic relations between states, and government to government interaction, can prosper.
Sources of diplomatic law
For most of history diplomatic law has mostly been customary. However, early codifications of diplomatic law include the British Diplomatic Privileges Act (1708). An important treaty with regards to diplomatic law is the 1961 Vienna Convention on Diplomatic RelationsVienna Convention on Diplomatic Relations
The Vienna Convention on Diplomatic Relations of 1961 is an international treaty that defines a framework for diplomatic relations between independent countries. It specifies the privileges of a diplomatic mission that enable diplomats to perform their function without fear of coercion or...
. Questions not expressly regulated by the Convention continue to be governed by the rules of customary international law
Customary international law
Customary international law are those aspects of international law that derive from custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of...
.
Diplomatic immunity
The most fundamental rule of diplomatic law is that the person of a diplomatic agent is inviolable. Diplomats may not be detained or arrested, and enjoy complete immunity from criminal prosecutionCriminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
in the receiving state, although there is no immunity from the jurisdiction of the sending state.
The only remedy the host state has in the face of offences alleged to have been committed by a diplomat is to declare him or her persona non grata
Persona non grata
Persona non grata , literally meaning "an unwelcome person", is a legal term used in diplomacy that indicates a proscription against a person entering the country...
. In 1999, for example, an attaché
Attaché
Attaché is a French term in diplomacy referring to a person who is assigned to the diplomatic or administrative staff of a higher placed person or another service or agency...
of the Russian Embassy in Washington DC was declared persona non grata for suspected "bugging"
Covert listening device
A covert listening device, more commonly known as a bug or a wire, is usually a combination of a miniature radio transmitter with a microphone. The use of bugs, called bugging, is a common technique in surveillance, espionage and in police investigations.A bug does not have to be a device...
of the State Department
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
.
The UN Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents was adopted in 1973. It provides that states parties must make attacks upon diplomats a crime in internal law, and obliges them to extradite or prosecute offenders. However, in exceptional cases, a diplomat may be arrested or detained on the basis of self-defence or in the interests of protecting human life
Human life
Human life may refer to*in medicine or statistics, the human lifespan*in sociology, the everyday personal life*in philosophy**the conditio humana**discussion of the meaning of life*in jurisprudence, a value protected by human rights...
.
The private residence, papers, correspondence and property of diplomats are also inviolable. In general, diplomats are immune from civil and administrative jurisdiction of the state in which they are serving, although there are a number of important exceptions.
Waiver of immunity
Although it is unusual, the sending state may expressly waive the immunity from jurisdiction of diplomatic agents and others possessing immunity.Diplomatic premises
It is an absolute rule that the premises of the mission are inviolable and agents of the receiving state cannot enter them without the consent of the mission.The receiving state is under a special duty to protect the mission premises from intrusion or damage or "impairment of its dignity". By the same token, the premises of a mission must not be used in a way which is incompatible with the functions of the mission.
Diplomatic bag
The receiving state is required to permit and protect free communication on behalf of the mission for all official purposes. Such official communication is inviolable and may include the use of diplomatic couriers and messages in code and in cipher, although the consent of the receiving state is required for a wireless transmitter.Diplomatic relations
There is no right under international law to diplomatic relations, and they exist by virtue of mutual consent. The sending state must ensure that the consent of the receiving state has been given for its proposed head of missionHead of Mission
In diplomatic usage, Head of Mission or Chief of Mission from the French "Chef de Mission Diplomatique" is the generic term used to refer to the head of a diplomatic representation, such as an Ambassador, High Commissioner, Nuncio, Chargé d'affaires, Permanent Representative, and sometimes to a...
. Similarly, the receiving state may at any time declare any member of the diplomatic mission persona non grata
Persona non grata
Persona non grata , literally meaning "an unwelcome person", is a legal term used in diplomacy that indicates a proscription against a person entering the country...
and thus obtain the removal of that person.
Diplomatic asylum
A right of diplomatic asylum is not established in international law. The International Court of JusticeInternational Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
has emphasised that in the absence of treaty or customary rules to the contrary, a decision by a mission to grant asylum involves a derogation from the sovereignty of the receiving state. The Organization of American States
Organization of American States
The Organization of American States is a regional international organization, headquartered in Washington, D.C., United States...
agreed a convention in 1954.