Diplomatic Immunity: State Practice Under the Vienna Convention on Diplomatic Relations

1988 ◽  
Vol 37 (1) ◽  
pp. 53-88 ◽  
Author(s):  
Jonathan Brown
Keyword(s):  
Vienna Convention ◽  
Diplomatic Relations ◽  
State Practice ◽  
Diplomatic Immunity

PENYALAHGUNAAN HAK KEKEBALAN DIPLOMATIK DITINJAU DARI KONVENSI WINA 1961 (STUDI KASUS PENYELUNDUPAN EMAS OLEH PEJABAT DIPLOMATIK KOREA UTARA DI BANGLADESH)

2019 ◽  
Vol 1 (1) ◽  
pp. 81-94
Author(s):  
Komang Sukaniasa
Keyword(s):  
New York ◽  
North Korea ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Special Power ◽  
New York Convention ◽  
Diplomatic Immunity ◽  
The Right ◽  
State Representatives

Diplomatic officials are state representatives in developing diplomatic relations with other countries where it is accredited. Diplomatic officials have the rights of immunity and privileges granted by the sending country. Besides enjoying these rights, diplomatic officials also have obligations. As a diplomatic official from North Korea, Son Young Nam is obliged to obey the rules contained in the 1961 Vienna Convention, the 1969 New York Convention, and to respect the national law of the country of Bangladesh which is the country where he was accredited. Son Young Nam's smuggling of gold into Bangladesh was a form of abuse of diplomatic immunity. The act violated Articles 27 and 41 (1) of the 1961 Vienna Convention and Article 25b of The Special Power Act of Bangladesh. Although they have the right to immunity, these rights are not absolute. Immune rights can be breached in the event of gross violations committed by diplomatic officials.

PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

Fun v. Pulgar and Albergrin

2019 ◽  
Vol 180 ◽  
pp. 722-727
Keyword(s):  
United States ◽  
The United States ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Commercial Activity ◽  
Domestic Servant ◽  
The Law ◽  
Diplomatic Immunity

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(c) — Action by domestic servant alleging that she had been trafficked and forced to work by former employers — Certification of diplomatic status of former employers — Whether diplomatic immunity continuing despite subsequent termination of diplomatic status — Whether commercial activity exception applicable to hiring of domestic servant — Whether subsequent attempts at service defective — Whether Court lacking jurisdiction — The law of the United States

17. Diplomatic and consular relations

2019 ◽  
pp. 381-400
Author(s):  
James Crawford
Keyword(s):  
International Law ◽  
Legal Aspects ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Legislation ◽  
Judicial Decisions ◽  
State Practice

The rules of international law governing diplomatic relations are the product of long-established state practice reflected in treaties, national legislation, and judicial decisions, as codified in the Vienna Convention on Diplomatic Relations. This chapter discusses the general legal aspects of diplomatic relations; staff, premises, and facilities of missions; inviolability of missions; diplomatic agents; consular relations; special missions; and crimes against internationally protected persons.

Settlement of Disputes

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
General Rule ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Criminal Proceedings ◽  
International Court Of Justice ◽  
National Courts ◽  
Optional Protocol ◽  
International Court ◽  
Diplomatic Immunity ◽  
Settlement Of Disputes

This chapter considers the Optional Protocol concerning the Compulsory Settlement of Disputes as discussed in the Vienna Convention on Diplomatic Relations. As a general rule, disputes over the interpretation or application of the Convention must be resolved speedily by the Ministry of Foreign Affairs and other authorities of the receiving State in determining whether criminal proceedings may be brought, by national courts when diplomatic immunity is pleaded, or by governments in deciding on whether a member of mission should be recalled or more generally on the level at which they wish to maintain diplomatic relations. According to the protocol, disputes arising out of the interpretation or application of the Convention shall lie within the compulsory jurisdiction of the International Court of Justice and may accordingly be brought before the Court by an application made by any party to the dispute being a Party to the present Protocol.

Regina (Charles and Dunn) v. Secretary of State for Foreign and Commonwealth Affairs

2021 ◽  
Vol 195 ◽  
pp. 662-702
Keyword(s):  
United States ◽  
United Kingdom ◽  
Family Members ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Content Type ◽  
Technical Staff ◽  
Criminal Jurisdiction ◽  
Secretary Of State ◽  
Diplomatic Immunity

662Diplomatic relations — Diplomatic correspondence — Exchange of Notes between United States Embassy and United Kingdom’s Foreign and Commonwealth Office — Express waiver of United States Embassy Administrative and Technical staff’s diplomatic immunity from criminal jurisdiction of United Kingdom, in relation to acts performed outside course of duties — Whether express waiver of criminal immunity applying to family members of United States Embassy Administrative and Technical staff — Vienna Convention on Diplomatic Relations, 1961 — Whether entitling family members of diplomatic staff to derivative set of privileges and immunities or conferring separate entitlements to inviolability and immunity — The law of England

A Local Authority v. AG, DG, and SG, GG & AG

2021 ◽  
Vol 192 ◽  
pp. 659-674
Keyword(s):  
At Risk ◽  
Human Rights ◽  
European Convention ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Children At Risk ◽  
Rights Of The Child ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Diplomatic Immunity

659Diplomatic relations — Diplomatic immunity — Family of diplomatic agent — Child protection — Children Act 1989 — Vienna Convention on Diplomatic Relations, 1961, Articles 31, 32 and 37 — Treaty interpretation — Relevance of human rights agreements — European Convention on Human Rights, 1950 — United Nations Convention on the Rights of the Child, 1989 — Human Rights Act 1998Treaties — Interpretation — Vienna Convention on Diplomatic Relations, 1961, Articles 31 and 37 — Diplomatic immunity — Exceptions to diplomatic immunity — Whether to read in exception to diplomatic immunity to protect children at riskRelationship of international law and municipal law — Treaties — Interpretation — Vienna Convention on Diplomatic Relations, 1961 — Human Rights Act 1998 — Whether Vienna Convention could be read to include exception to diplomatic immunity to protect children at risk — Role of Parliament — Whether proposed exception violating plain and natural meaning of Vienna Convention — Reciprocity — Principle of diplomatic immunity — The law of England

scholarly journals Penerapan Prinsip Persona Non Grata Terhadap Duta Besar Ditinjau Dari Perspektif Hukum Internasional (Studi Kasus Penganiayaan TKI Oleh Duta Besar Arab Saudi Di Jerman)

2021 ◽  
Vol 1 (2) ◽  
pp. 75-87
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non- grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

Exemption of Mission Premises from Taxation

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
General Practice ◽  
International Law ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Customary International Law ◽  
Bilateral Agreements ◽  
Local Taxes ◽  
Diplomatic Immunity

This chapter examines Article 23 of the Vienna Convention on Diplomatic Relations which deals with the exemption of the diplomatic mission premises from taxation. Article 23 states that the sending State and the head of the mission shall be exempt from all dues and taxes in respect of the premises of the mission. This exemption however shall not apply to dues and taxes payable under the law of the receiving State by persons contracting with the sending State or the head of the mission. This practice traces its roots from the nineteenth century when it was not based on diplomatic immunity but on courtesy. Many States concluded bilateral agreements or arrangements providing exemption—a practice which would have been unnecessary if customary international law had required it. During the twentieth century, general practice based on courtesy or on reciprocity began to harden into a customary rule requiring exemption from central and local taxes on mission property.

Official Acts and Beyond: Towards an Accurate Interpretation of Diplomatic Immunity Ratione Materiae under the Vienna Convention on Diplomatic Relations

2019 ◽  
Vol 18 (3) ◽  
pp. 669-694
Author(s):  
Xinxiang Shi
Keyword(s):  
Vienna Convention ◽  
Diplomatic Relations ◽  
Accurate Interpretation ◽  
Diplomatic Immunity ◽  
General Exceptions ◽  
Case Basis

Abstract This article explores the scope of diplomatic immunity ratione materiae under the Vienna Convention on Diplomatic Relations. The difficulty regarding the topic lies in the interpretation of what constitutes an act performed “in the exercise of” diplomatic functions. Based on a critique of differing views, it is argued that diplomatic immunity ratione materiae covers not only official acts stricto sensu, but also certain private acts ancillary or incidental to the performance of diplomatic functions. In practice, the availability of the immunity is heavily dependent on the factual end of a case. Therefore, instead of using general exceptions or standards to denote the scope of the immunity, it is better to determine the immunity on a case-by-case basis in light of the seriousness of an act and the connection between the act and the functions performed.

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