Immunity from civil and administrative jurisdiction

Immunity from criminal jurisdiction

All diplomatic agents enjoy personal inviolability, and members of their family forming part of their household similarly enjoy inviolability provided that they are not nationals or permanent residents of the host state. A state which accepts the establishment of a foreign diplomatic mission is bound to ensure complete protection to all members of that mission and to their families against physical violence whatever its course, and from attacks on their dignity and freedom.

Full privileges and immunities

Text 3

Duration of privileges and immunities

Personal privileges and immunities apply from the moment the member of a mission enters the host country to take up his post or, if already in the country, from the moment his appointment is notified to the appropriate Ministry. Privileges and immunities come to an end when hi leaves the country on the conclusion of his functions, or (if he does not leave immediately) after a reasonable interval of time (e.g. 4-6 weeks in the UK); but immunity from jurisdiction in respect of acts carried out in the course of his official duty has no limit in time. Immunity from jurisdiction in respect from any act carried out in a private capacity, however, does not continue after the conclusion of the diplomat’s functions. In the event of the death of a member of a mission, the members of his family continue to enjoy the privileges and immunities to which they were entitled for a reasonable period of time sufficient to enable them to leave the country.

Ex.1 Contextualize the following vocabulary:

1. to be applicable

2. the term ‘family’

3. a bachelor, a widower

4. to afford to

5. a counterclaim

6. diplomatic identity cards

7. jurisdiction

8. to apply

9. to come to an end

10. private capacity

11. a reasonable period

A diplomatic agent and members of his family forming part of household (provided that they are not nationals or permanent residents of the host state) are immune from the criminal jurisdiction of the host state.

A diplomatic agent and members of his family forming part of household (provided that they are not nationals or permanent residents of the host state) are immune from civil and administrative jurisdiction in the host state except in the case of:

1. a real action (i.e. an action to claim ownership or possession) relating to private immovable property situated in the host state, unless he holds it on behalf of the state he serves for the purposes of the mission;

2. an action relating to succession in which he is involved as executor, administrator, heir or legatee as a private person and not on behalf of the state he serves;

3. an action relating to any professional or commercial activity exercised by him in the host state outside his official function. This limitation applies in practice to his spouse and family.

Дата добавления: 2014-12-27