The American Encyclopedia of Law, SJC, describes diplomacy as follows, although the word nation should be replaced by the word state: there is a mostly unwritten but generic diplomatic code that permeates international organizations such as the United Nations, from establishing protected offices for states in another`s capital (called an embassy), a fixed model for dispute resolution. International agreements on diplomatic immunity remain indispensable. Diplomats are the personal representatives of their country and can therefore be the target of irritation, aggression or even unbridled hatred, for example if the host State does not agree with the policy of the sending State. All over the world, there are daily cases in which diplomats and representatives of international organizations need international legal protection. The Vienna Convention allows Dutch diplomats to defend the interests of Dutch citizens and businesses abroad as effectively as possible, even if there are doubts about legal certainty. Dutch diplomats can also use their influence to remind host states of their international obligations, such as respect for human rights. Diplomatic immunity is a form of legal immunity and a policy between governments that ensures that diplomats are given safe passage and are not vulnerable to prosecution or prosecution under the laws of the host country (although they may be deported). It was agreed as international law in the Vienna Convention on Diplomatic Relations (1961), although there is a much longer history in international law. Rapalje and Lawrence refer to the term diplomatic agent and define it as follows: The most fundamental rule of diplomatic law is that the person of a diplomatic agent is inviolable. [2] Diplomats cannot be detained or arrested and enjoy full immunity from prosecution in the receiving State, although there is no immunity from jurisdiction of the sending State. [3] It is also a recognized principle of customary international law and recognized between countries as a matter of practicability.
Diplomatic law is often strictly respected by States because it is based on reciprocity. For example, if a country expels diplomats from another country, its diplomats will most likely be expelled from the other country. There is no right to diplomatic relations under international law, and they exist by mutual agreement. [8] The sending State must ensure that the consent of the receiving State has been given to the head of mission it proposes. [9] Similarly, the host Member State may at any time declare any member of the diplomatic mission persona non grata and thus obtain the dismissal of that person. [10] “Government officials sent by one country to live and work in another country to mediate between the two countries. Powered by Black`s Law Dictionary, Free 2nd ed. and The Law Dictionary. For most of history, diplomatic law has been mostly common. However, early codifications of diplomatic law included the British Diplomatic Privileges Act of 1708. An important international treaty is the 1961 Vienna Convention on Diplomatic Relations.
Matters not expressly regulated by the Convention remain subject to the rules of customary international law. Peaceful, polite, formal or political representations or negotiations between States on their relations in general or on specific issues that may arise from time to time. It is an absolute rule that the premises of the mission are inviolable and that agents of the receiving State may not enter them without the consent of the mission. [5] [6] The key elements of diplomatic law are the immunity of diplomatic personnel, the inviolability of the diplomatic mission and its grounds, and the security of diplomatic correspondence and diplomatic bags. Famous cases of violation of diplomatic laws include the Iran hostage crisis in 1979, the shooting of a British policewoman (murder of Yvonne Fletcher) from the Libyan embassy in London in 1984, and the discovery of a former Nigerian minister in a diplomatic box at Stansted Airport[1] in 1984. The private residence, papers, correspondence and property of diplomats are also inviolable. [4] In general, diplomats are immune to the civil and administrative jurisdiction of the state in which they serve, although there are a number of important exceptions. Diplomatic immunity only works if every country, including our own, follows the rules. How the Netherlands treats foreign diplomats has implications for how other countries treat our diplomats. We must treat foreign diplomats in the Netherlands with the same respect and standards that we expect from others abroad.
In particular, the host State is obliged to protect the mission site against any intrusion, damage or “attack on its dignity”. Similarly, the premises of a mission may not be used in a manner incompatible with the functions of the mission. [7] Diplomats representing their country abroad enjoy diplomatic immunity. This protects them from prosecution in the receiving State for the entire period during which they exercise their diplomatic functions. The Encyclopedia of American Law proposes this definition: the right of diplomatic asylum is not enshrined in international law. The International Court of Justice has stressed that, in the absence of contractual or customary provisions to the contrary, the decision of a mission to grant asylum constitutes an exception to the sovereignty of the receiving State. The Organization of American States agreed on a convention in 1954. [11] “Their tasks include maintaining relations between their home and host countries; act as an intermediary by conveying the positions of each country to the other; and try to ensure the best possible treatment for their country of origin. A diplomat is a public official who, by law, is mandated to supervise and manage the affairs of the government that employed him or her in a foreign country. International treaties are usually negotiated by diplomats before being approved by domestic politicians.
An ambassador is the highest diplomatic rank. The collective organ of all diplomats in a given country is called the diplomatic corps. International agreements on diplomatic immunity are found in the Vienna Convention on Diplomatic Relations. For example, the host State is not allowed to prosecute diplomats and must protect them, their families and property. The main objective of the Convention is to enable diplomats to carry out their work in the receiving State without hindrance. They can only do so if they are not exposed to any risk of retaliation from the government of the latter state. Although unusual, the sending State may expressly waive the immunity from jurisdiction of diplomatic agents and other persons enjoying immunity. The host State`s only remedy for crimes allegedly committed by a diplomat is to declare him persona non grata, which usually means that the diplomat must leave the territory of the State.
In 1999, for example, an attaché at the Russian embassy in Washington DC was declared persona non grata on suspicion of “eavesdropping” by the State Department.