Privileges and Immunities

Protocol

Detailed and universally accepted conventions exist concerning most of the formal ways in which countries interact. In the early days of the nation-state system, the departure of an ambassador was a ceremonial event. As was the ambassador’s reception by a head of state.

Because ambassadors personally represented the heads of their governments, the relations among ambassadors within a country have always involved issues of prestige. Thus, such details as when an ambassador rode in a procession or when ambassador entered a room first assumed great significance.

Such issues plagued European courts until they were resolved at the Congress of Vienna in 1815 and the Congress of Aix-la Chapelle in 1818 and, more recently, at the Vienna meetings to draft a Convention on Diplomatic Relations in 1962. As a result of these meetings, diplomats were divided onto three classes (1) ambassadors, legates, and papal nuncios who are always accredited to heads of state; (2) envoys, ministers, and persons accredited to heads of state; and (3) chargés d’affaires who are accredited to ministers of foreign affairs. Only members of the first class represent their nation’s leader. Precedence among representatives in a capital is now based on seniority within its diplomatic corps. The most senior member of that corps is designated the doyen, or dean. The doyen usually represents the entire diplomatic corps at ceremonial functions and in matters of diplomatic privileges and immunities. The most concise digest of the protocol of diplomacy is the Vienna Convention on Diplomatic Relations, consisting of 53 short articles completed under UN auspices.

Answer the questions:

1. Why have the relations among ambassadors within a country involved issues of prestige?

2. What classes were the diplomats divided into?

3. Who is designated the doyen or dean?

4. Who does the doyen usually represent?

5. What is the most concise digest of the protocol of diplomacy?

From the earliest times, privileges, immunities, and courtesies were extended to visiting heralds and envoys. Currently the privileges and immunities of diplomats are highly developed and universally accepted. For centuries, the territory on which a foreign mission stood was considered an “island of sovereignty” of the home state. Under the Vienna Convention of 1961 this is no longer the case. The premises of mission are inviolable, however, and states must accord full facilities to enable diplomatic missions to perform their functions. Citizens of the host state may not enter a mission without the consent of its senior official. Missions are immune from search, requisition, and attachment, and have a special duty to protect any mission against intrusion or damage. Free communication between the mission and the host government must be permitted. Diplomatic couriers may not be detained, and diplomatic bags may not be opened or detained. Host governments must also secure these rights against their own citizens if necessary.

Diplomatic agents and their staffs are not liable to any form of arrest or detention; diplomats are immune from criminal laws and, in most cases, from civil and administrative jurisdiction as well. They are exempt from all direct taxes in host state. Immunity from the laws of a host state does not exempt diplomats from the laws and jurisdiction of their home states, however. Those who commit crimes are always sent home as personae non grata. Diplomats enjoying their privileges and immunities are duty- bound to respect the laws and regulations of the host state and to refrain from interfering in its internal affairs.

Answer the questions:

1. Who were the privileges, immunities and courtesies extended to from the earliest times?

2. What facilities must the host state accord to the diplomatic missions?

3. What are the missions immune from?

4. What are the diplomats and diplomatic agents immune from?

5. What happens to those diplomats who commit crimes in the host state?

Дата добавления: 2014-12-27