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.

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.

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

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.

Freedom of Communication

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
The Other ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Free Communication ◽  
Wireless Transmitter ◽  
The Government ◽  
The Right

This chapter considers the first sentence of Article 27.1 of the Vienna Convention on Diplomatic Relations which discusses the freedom of communication given to all members of the diplomatic mission. According to the Article 27.1, the receiving State shall permit and protect free communication on the part of the mission for all official purposes. Representatives from the sending State may employ all appropriate means, including diplomatic couriers and messages in code or cipher, in communicating with their Government and the other missions and consulates. However, if the mission wishes to use a wireless transmitter, it must first have consent of the receiving State. Without the right of free communication, the mission cannot effectively carry out two of its most important functions—negotiating with the government of the receiving State and reporting to the government of the sending State on conditions and developments in the receiving State.

Flag and Emblem of the Sending State

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
International Law ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
The Right

This chapter explores Article 20 of the Vienna Convention on Diplomatic Relations which deals with the use of the flag and emblem of the sending State by the members of the diplomatic mission. The Article confers the right to the mission and its head to use the flag and emblem of the sending State on the premises of the mission, including the residence of the head of the mission, and on his means of transport. The chapter describes how international law imposes a high duty of protection on the receiving State wherever a flag of the sending State is flown. The main purpose of the privilege is to enable the authorities of the receiving State to extend special courtesies and priority in traffic. Identifiable registration numbers are also issued in many capitals, and these serve the same purpose.

Persona Non Grata

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
The State ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Article 9 ◽  
The Status ◽  
The Right

This chapter examines Article 9 of the Vienna Convention on Diplomatic Relations which refers to the status persona non grata given by the receiving State towards members of a diplomatic mission. The state renders the members as ‘unwelcome’. Article 9 gives the receiving State the right to notify the sending State that any member of the diplomatic staff is considered a persona non grata at any time, including before arrival. After being notified, the sending State must either recall the member or terminate his or her functions. If the sending State refuses or fails within a period to carry out the obligation, the receiving State may refuse to recognize the person concerned as a member of the mission. The Article proves to be a key provision in the Convention which enables a State to protect itself against unacceptable behaviour by members of diplomatic missions and forms an important counterweight to the immunities conferred elsewhere in the Convention.

Book II Diplomatic and Consular Relations, 5 Functions of Diplomatic Missions and Consulates

2016 ◽  
Author(s):  
Roberts Ivor
Keyword(s):  
International Law ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Sovereign State ◽  
The Right

This chapter examines the functions of diplomatic missions and the performance of consular functions by diplomatic missions. Under long established principles of international law now codified in Article 2 of the Vienna Convention on Diplomatic Relations, the establishment of diplomatic relations between States and the establishment of permanent diplomatic missions take place by mutual consent. The right to send and receive diplomatic agents flows from recognition as a sovereign State and was formerly known as the right of legation (ius legationis). Furthermore, it is in modern practice highly exceptional for two States to recognize each other without formally establishing diplomatic relations—and such a situation usually indicates extreme tension or coolness between them. By contrast, it is now common for two States to establish or to maintain diplomatic relations without having permanent missions in each other’s territory.

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

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