Chapter 9: Immunities
- International laws limit state from jurisdiction over people outside the state.
- This chapter, more limitation of states over foreign government and officials
- Thought of and argued by Functionalists: where overseas foreign officials need to have immunities to conduct their task effectively and without limitations
Diplomatic and Consular Immunities
Definition
Diplomatic Immunity: of foreign diplomatic personnel and property from court proceedings
- representatives of states performs official functions without risks of getting arrested
- immune from criminal and civil processes
1. Diplomats Immunity
Codified: The Vienna Convention on Diplomatic Relations (VCDR) (international treatment of diplomats ratified by 180+ states)
Immunities
- Protection: receiving states have duty to protect diplomat from attack on his person, freedom, or dignity
- Arrest: states cannot arrest diplomat from criminal or civil law
- Revoke: the sending state could revoke immunity for grave crimes commited
- Coerce: states cannot force diplomats for evidence
- Processes: diplomats are immune from personal services, tax, social security provision, customs duties and inspections
2. Property Immunity
Protection of diplomat property (embassy)
-
Immunity: are inviolatable
-
Freedom: receiving state must allow freedom of movement and communication
-
Sovereignty: (not sovereignty of sending state) receiving state has duty to help get the facility and protect it
-
National law is less important than diplomatic treaty, why?
Not from blind adherence to international treaty but that by breaking treaty relationship, your own diplomats abroad will also be violated from their entitlements.
3. Consular Immunities
consular officers: work to issue visas and solving problems overseas
Codified: Vienna Convention on Consular Relations (ratified by 165+ states)
Immunities
- Arrest: prohibit arrest of consular officers
- exception: for grave crimes and under court order immunity may be revoked by sending state
- Jurisdiction: in performing their office functions are not subject to judicial jurisdiction
4. International Civil Servant Immunities
civil servants employed by IOs
Codified: Convention on the Privileges and Immunities
Immunities
- Protection: receiving states have duty to protect civil servants from attack on their person, freedom, or dignity
- Arrest: states cannot arrest civil servants from criminal or civil law
- Revoke: the sending state could revoke immunity for grave crimes commited
- Coerce: states cannot force civil servants for evidence
- Processes: are immune from personal services, tax, social security provision, customs duties and inspections
References
- IS304 Introduction to Public International Law Chapter 9: Immunities of the Text Book