Diplomatic Immunities

1. By Md. Zubair Kasem Khan LL. B( Hons ); MCL International Islamic University Malaysia. Diplomat Immunities

2. Understanding Terms, Historical Evolution, Diplomatic Envoys and its Classification , Available Immunities to Diplomatic agents. Outlines….

3. Diplomat / Diplomatic Envoys/ Diplomatic Agents: A diplomat is a commissioned public officer, to supervise and transact the affairs (conduct official negotiations and maintain political, economic, and social relations) of the government which has employed them, in a foreign country. International treaties are usually negotiated by diplomats prior to endorsement by national politicians . Diplomatic Immunity: Diplomatic immunity is a form of legal immunity and a policy held between governments, which ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws (although they can be expelled). Understanding Terms

4. Historical Evolution Prehistory

5. Continuing… Ancient Periods

6. Continuing… Ancient Periods

7. Continuing… Renaissance Diplomacy

8. Continuing… Modern Diplomacy

9. Diplomatic agents are those persons who abide in foreign state as representatives of their own states. According to Article 14 of the Vienna Convention, Diplomatic agents may be classified as under :- Ambassadors : - The personal representatives of the Head of the state are said to be ambassadors. And in the common wealth countries the representatives are said to be the High Commissioners . As for example, the representative of Pakistan in India is called High Commissioner . The appointment of the ambassador is subjected to the assent of receiving state. In other words the person who is going to be appointed as a diplomatic envoy in a country it is necessary that he must porsona grata , for the receiving state. Other wise, he should be refused. So, it is a duty of the sending state to send a report regarding the person to be appointed as diplomatic envoy to the receiving state. Once a person has been accepted as envoy he should be given certain rights and immunities. As for example, he has a right to claim the title of ‘Excellency ’. Diplomatic Envoys and its Classification

10. Ministers : - Ministers are other diplomatic officials accredited to the other countries, but ministers are not the personal representatives of the Head of the state. So, they receive less honour as compared to ambassadors. Again, they are not entitled to claim the title of ‘ Excellency ’. But if they were given this title it would be a matter of courtesy but not as a matter of their right. in other respects they are almost equal with ambassadors . Charge d’ Affairs: - The officials accredited to foreign state by the foreign office to the foreign office. They are less important as compare to ambassadors and ministers. They do not enjoy honour and title as are available to ambassadors and ministers. They may either be appointed permanently or temporarily. But usually they are appointed temporarily. Continuing…

11. According to the provisions of the Vienna Convention on Diplomatic Relations, 1961 following immunities and privileges are available for diplomatic agents: Under Article: 29, Inviolability of Diplomatic Agents :- The person, freedom and dignity of a diplomatic agent is inviolable. The receiving state shall guarantee his person and shall give him respect. In other words, diplomatic agents cannot be detained or arrested. Under Article: 30, Inviolability of Mission’s Staff :- The Veinna Convention also lays down certain immunities and privileges to the administrative and technical staff of the diplomatic mission and for their family members which are also inviolable subject to certain limitations . Available Immunities to Diplomatic Agents

12. Under Article: 22, Inviolability of Premises :- The permanent diplomatic mission has premises in the receiving state where it is to operate its mission. So, the premises and the private residence of the diplomatic agents are also inviolable . Under Article: 23, Inviolability of A rchives and Documents :- The archives and documents of the mission shall be inviolable. This principles of inviolability of the premises of a diplomatic mission was established by the leading case of United States Diplomatic and Consular Stuff in Tehran, ICJ 1980 . Continuing…

13. Under Article: 25, Assurance of Providing F ull Facilities :- The Convention imposes a duty on the receiving states to accord full facilities for the mission to perform its functions. Under Article: 26, Freedom of Movement :- The diplomatic agents are free to move and travel in the territory of the receiving state. But this is subject to the laws and regulations, and laws made by the receiving state concerning the prohibited security zone . Under Article: 27 , Freedom of Communication :- The diplomatic agents have also been entitled to communicate any information for official purpose to the sending state. Such communications includes the use of couriers and code messages. The diplomatic bag is also inviolable . Continuing…

14. Under Article: 31, Immunity from Local Jurisdiction :- The diplomatic agents are immune from local jurisdiction. In other words, diplomatic agents cannot be tried by the Courts of the receiving state. Immunity extends to civil, criminal and administrative jurisdictions . Under Article: 33, Exemption From Social Security :- A diplomatic agent shall with respect to services rendered for the sending State be exempt from social security provisions which may be in force in the receiving State. Under Article: 34, Immunity from Taxes and Customs Duties :- The diplomatic agents are also immune from all sorts of taxes subject to certain exceptions. Under Article: 35, Immunity from Local and Military Obligations :- The diplomatic agents are also immune from certain local and military obligations of the receiving state. As for example, the diplomatic agents are exempted from military contributions, etc. Continuing…

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