Inviolability of records, documents, correspondence and archives

Privileges and immunities in respect of the mission and its functions Inviolability and immunity of premises and property

Diplomatic privileges and immunities

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The privileged position of diplomats in society is traditional but it is not for thisreason that it continues to be respected: it is because representatives of a state can only carry out their diplomatic function satisfactorily if they are utterly free from pressures, whether legal, physical or moral, that the state in which they are serving may be able to impose on them. In the majority of peaceful law-abiding countries the privileges and immunities to which they are entitled may appear pointless and excessive, and thus may cause resentment on the part of the host population; but in exceptional times and in exceptional countries it is only the recognition of mutually applicable privileges and immunities that enables diplomatic relations to be maintained. Privileges and immunities are applicable both on the diplomatic mission and its functions, and to the individual.

The privileges and immunities accorded to diplomatic missions and their functions are also applicable to the United Nations and its functions under the 1946 Convention on the Privileges and Immunities of the United Nations, though the application of the Convention varies in different states.

The following is a summary of the principles contained in the 1961 Vienna Convention on Diplomatic relations which has been accepted by an overwhelming majority of the members of the United Nations as representing an internationally agreed codification of modern diplomatic law.

The premises of a mission and the private residence of the head of a mission are inviolable, as are those of members of the diplomatic and administrative and technical staff of the mission provided that they are not nationals or permanent residents of the host state. They may not be entered by agents of the host state without the permission of the head of mission concerned; the host state is obliged to ensure that all appropriate steps are taken to protect such premises against intrusion or damage, and to prevent any disturbance of the peace of the mission or impairment of its dignity. The premises, together with their contents and the means of transport belonging to the mission, are immune from search, requisition, legal attachment or execution. Motor vehicles belonging to members of the diplomatic and administrative and technical staff enjoy the same immunity.

The records, documents, correspondence and archives of a mission are inviolable at any time and wherever they may be.

Дата добавления: 2014-12-27