The diplomatic bag, pouch or valise

Freedom and inviolability of communications

A diplomatic mission is entitled to communicate freely for all official where it is situated. It may use any appropriate means including couriers and messages in code or cipher to communicate with its own government and with any of its government’s missions and consulates wherever they may be situated. A wireless transmitter, however, may be situated and used only with the consent of the host government.

This is a sealed bag or container clearly marked as such, containing only official documents and articles for official use. A diplomatic bag usually falls into one of two categories depending on the importance of its contents: accompanied or unaccompanied. The diplomatic bag is inviolable: it may not be opened or detained, and every facility must be given for its swift dispatch. It may be carried by a diplomatic courier who is entitled to the protection of the state which he is visiting or in which he is serving in the performance of his functions. He enjoys personal inviolability, and is not liable to any form of arrest or detention. A diplomatic courier is usually a full-time employee of a Ministry of Foreign Affairs, and on every journey must be provided by his Ministry or head of mission with a document indicating his status and the number of packages constituting the diplomatic bag. Where there is no regular diplomatic courier a state or mission may designate an individual – often an official of appropriate nationality who is making the journey for other reasons – as a diplomatic courier for a specific journey. Provided that he is furnished with the appropriate documents by his Ministry or head of mission he will be granted the same immunities and personal inviolability as a regular courier until such time as he has delivered the diplomatic bag in his charge. In exceptional circumstances a diplomatic bag may be entrusted to the captain of an aircraft, provided he enters or leaves the country through an authorized place of entry. A member of the mission concerned is entitled to hand the bag directly and freely to the captain, and similarly to receive it from him. The captain concerned must be provided with a document stating the number of packages constituting the bag; but he himself is not considered as being a diplomatic courier.

When communications between a state and its diplomatic mission have to pass through a third state, that state must furnish the same inviolability as is accorded by the receiving state. Diplomatic bags property identified are inviolable while in transit through third states, as are diplomatic couriers. Couriers must however obtain any appropriate visas.

Дата добавления: 2014-12-27