Lecture 11 - State and Diplomatic Immunity

Question 1

State and Diplomatic ‘Immunity’ here means ______from the national jurisdiction of another State – specifically, from the ________ and _______ jurisdiction.

This exemption from foreign State courts/police jurisdiction incorporates both individual/personal and State organ/body immunity.

Therefore, Immunity from jurisdiction is granted not only to States, but to their diplomats and consular representatives, and international organisations.

Answer 1

State and Diplomatic ‘Immunity’ here means exemption from the national jurisdiction of another State – specifically, from the adjudicatory and enforcement jurisdiction.

This exemption from foreign State courts/police jurisdiction incorporates both individual/personal and State organ/body immunity.

Therefore, Immunity from jurisdiction is granted not only to States, but to their diplomats and consular representatives, and international organisations.

Question 2

Why do we need State /Diplomatic Immunity?

Par in parem non habet imperium (Equals have no _______ over each other)

State/Sovereign Immunity derives from the notion that the immunity of a sovereign State, and indeed of the person of the Sovereign himself/herself, cannot be subject to the jurisdiction- whether investigatory, enforcement, adjudicatory of another State, as a State/Sovereign cannot be subjected to the domestic legal system of another Sovereign/State, and can only be subjected to the jurisdiction of an international court/tribunal (upon its consent)

Answer 2

Why do we need State /Diplomatic Immunity?

Par in parem non habet imperium (Equals have no sovereignty over each other)

State/Sovereign Immunity derives from the notion that the immunity of a sovereign State, and indeed of the person of the Sovereign himself/herself, cannot be subject to the jurisdiction- whether investigatory, enforcement, adjudicatory of another State, as a State/Sovereign cannot be subjected to the domestic legal system of another Sovereign/State, and can only be subjected to the jurisdiction of an international court/tribunal (upon its consent)

Question 3

Sovereign Immunity is a creation of ______international law and derives from principles of _________ and equality of sovereign States.
Since States are independent and legally equal, no State may exercise jurisdiction over another State without its consent.

Although these originate from common law, they have since being incorporated in international treaties (e.g. 1972 European Convention on State Immunity), or in national legislation (e.g. U.K State Immunities Act)

Answer 3

Sovereign Immunity is a creation of customary international law and derives from principles of independence and equality of sovereign States.
Since States are independent and legally equal, no State may exercise jurisdiction over another State without its consent.

Although these originate from common law, they have since being incorporated in international treaties (e.g. 1972 European Convention on State Immunity), or in national legislation (e.g. U.K State Immunities Act)

Question 4

Historically, the head of a State (a sovereign) was associated with the State. Originally, both of them enjoyed under customary International Law absolute immunity, in all areas of their activities, from the jurisdiction of another State.

While the head of a State continues today to enjoy such absolute immunity, even for his private activities, a State nowadays enjoys only ______(restrictive) immunity.

Under the qualified immunity, a State enjoys immunity only in respect of its governmental acts (acts jure imperii), not in respect of its commercial acts (acts jure gestionis)

Answer 4

Historically, the head of a State (a sovereign) was associated with the State. Originally, both of them enjoyed under customary International Law absolute immunity, in all areas of their activities, from the jurisdiction of another State.

While the head of a State continues today to enjoy such absolute immunity, even for his private activities, a State nowadays enjoys only qualified (restrictive) immunity.

Under the qualified immunity, a State enjoys immunity only in respect of its governmental acts (acts jure imperii), not in respect of its commercial acts (acts jure gestionis)

Question 5

The Schooner Exchange v. McFadden (1812), US Supreme Court:

1. One of these is admitted to be the exemption of the person of the sovereign from arrest or detention within a foreign territory.
2. A second case, standing on the same principles with the first, is the immunity which all civilized nations allow to foreign ministers.
3. A third case in which a sovereign is understood to cede a portion of his territorial jurisdiction is where he allows the _____of a foreign prince to pass through his dominions.

Answer 5

The Schooner Exchange v. McFadden (1812), US Supreme Court:

1. One of these is admitted to be the exemption of the person of the sovereign from arrest or detention within a foreign territory.
2. A second case, standing on the same principles with the first, is the immunity which all civilized nations allow to foreign ministers.
3. A third case in which a sovereign is understood to cede a portion of his territorial jurisdiction is where he allows the troops of a foreign prince to pass through his dominions.

Question 6

Heads of State Immunity in Practice:

• The immunity attached to Heads of State is derived from their status (aka immunity ratione personae).
  Serving Heads of State enjoy “full immunity from criminal jurisdiction and inviolability” which protect them “against any act of authority of another State which would hinder hinm or her in the performance of his or her duties”: Congo v. Belgium (Arrest Warrants Case) ICJ 2002.
• The Court in the Arrest Warrant case accepted there could be no true distinction between acts performed by those with ratione personae immunity in their official capacity and those performed in their _____ capacity.
• Absolute immunity is lost upon _____________, but there is residual functional immunity (rationae materiae) for official acts carried out during their time in office.

Answer 6

Heads of State Immunity in Practice:

• The immunity attached to Heads of State is derived from their status (aka immunity ratione personae).
  Serving Heads of State enjoy “full immunity from criminal jurisdiction and inviolability” which protect them “against any act of authority of another State which would hinder hinm or her in the performance of his or her duties”: Congo v. Belgium (Arrest Warrants Case) ICJ 2002.
• The Court in the Arrest Warrant case accepted there could be no true distinction between acts performed by those with ratione personae immunity in their official capacity and those performed in their private capacity.
• Absolute immunity is lost upon leaving office, but there is residual functional immunity (rationae materiae) for official acts carried out during their time in office.

Question 7

Pinochet:

• Augusto Pinochet was the dictator of Chile from 1973-1990. He began as leader of a military junta before self-declaring himself as President of the Republic and thereafter establishing a Constitution in which he became de jure President.
• His regime was responsible for many human rights abuses, including forced disappearance, murder, and torture of political opponents.
• Chile transitioned to a democracy following a series of constitutional amendments and elections in 1989/1990.
  However, he remained as Commander-in-Chief of the Army until March 1998. Thereafter, he was sworn in as _____________.

On 10th October 1998, Pinochet was indicted in Spain for human rights violations committed in Chile against Spanish nationals. It was alleged that he had authorised acts of torture while in office.

Accordingly, an international arrest warrant was issued against Pinochet who was subsequently arrested in the UK having travelled there for medical treatment.

The question before the House of Lords was whether he could be immune from crimes of universal jurisdiction under customary international law and which in, any event, attracted universal jurisdiction under the _______Convention.

The House of Lords confirmed absolute immunity in respect of serving Heads of State: “[t]his immunity enjoyed by a head of state in power…is a complete immunity attaching to the person of the Head of State…and rending him immune from all actions or prosecutions whether or not they relate to matters done for the benefit of the State”.

The question was therefore whether the acts of torture as were complained of could still be said to be officially performed notwithstanding that they were criminal per domestic Chilean law such that Pinochet, as an ex-Head of State, could avail of _______ rationae materiae.

The House of Lords held that Pinochet did not have subject matter immunity for any acts of torture committed whilst in office and allowed his _______to Spain.

The definition of torture set out in the Torture Convention recognised that it was committed by or with the acquiescence of a public official. It could not have been the intention of the parties to the Torture Convention to exclude all those public officials who sanctioned torture and those who carried it out on their behalf from criminal liability. Otherwise universal jurisdiction would be frustrated in practice as cases could only be brought in the countries in which they took place.

The charges that could be brought against Pinochet were limit to those said to have occurred post-1988 (the UK’s ratification of the Torture Convention) on the basis that Lord Browne-Wilkinson questioned whether universal jurisdiction existed before the advent of the Torture Convention in respect of such international crimes.

The silver bullet was that Pinochet was no longer a serving Head of State. The judgment suggests he would be entitled to immunity from universal jurisdiction if he had still been _________ (although a case could have been brought against him in Chile or by a competent international court in those circumstances).

The stinger in the tail is that a combination of poor health and a string of cases questioning his mental capacity to stand trial ultimately result in Pinochet dying without ever having been convicted for any crimes committed during his regime.

Answer 7

Pinochet:

• Augusto Pinochet was the dictator of Chile from 1973-1990. He began as leader of a military junta before self-declaring himself as President of the Republic and thereafter establishing a Constitution in which he became de jure President.
• His regime was responsible for many human rights abuses, including forced disappearance, murder, and torture of political opponents.
• Chile transitioned to a democracy following a series of constitutional amendments and elections in 1989/1990.
  However, he remained as Commander-in-Chief of the Army until March 1998. Thereafter, he was sworn in as Senator-for-Life.

On 10th October 1998, Pinochet was indicted in Spain for human rights violations committed in Chile against Spanish nationals. It was alleged that he had authorised acts of torture while in office.

Accordingly, an international arrest warrant was issued against Pinochet who was subsequently arrested in the UK having travelled there for medical treatment.

The question before the House of Lords was whether he could be immune from crimes of universal jurisdiction under customary international law and which in, any event, attracted universal jurisdiction under the Torture Convention.

The House of Lords confirmed absolute immunity in respect of serving Heads of State: “[t]his immunity enjoyed by a head of state in power…is a complete immunity attaching to the person of the Head of State…and rending him immune from all actions or prosecutions whether or not they relate to matters done for the benefit of the State”.

The question was therefore whether the acts of torture as were complained of could still be said to be officially performed notwithstanding that they were criminal per domestic Chilean law such that Pinochet, as an ex-Head of State, could avail of immunity rationae materiae.

The House of Lords held that Pinochet did not have subject matter immunity for any acts of torture committed whilst in office and allowed his extradition to Spain.

The definition of torture set out in the Torture Convention recognised that it was committed by or with the acquiescence of a public official. It could not have been the intention of the parties to the Torture Convention to exclude all those public officials who sanctioned torture and those who carried it out on their behalf from criminal liability. Otherwise universal jurisdiction would be frustrated in practice as cases could only be brought in the countries in which they took place.

The charges that could be brought against Pinochet were limit to those said to have occurred post-1988 (the UK’s ratification of the Torture Convention) on the basis that Lord Browne-Wilkinson questioned whether universal jurisdiction existed before the advent of the Torture Convention in respect of such international crimes.

The silver bullet was that Pinochet was no longer a serving Head of State. The judgment suggests he would be entitled to immunity from universal jurisdiction if he had still been President (although a case could have been brought against him in Chile or by a competent international court in those circumstances).

The stinger in the tail is that a combination of poor health and a string of cases questioning his mental capacity to stand trial ultimately result in Pinochet dying without ever having been convicted for any crimes committed during his regime.

Question 8

Congo v Belgium (arrest warrant case).

• The Congo brought a suit against Belgium in the International Court of Justice asking it to declare that Belgium, by issuing the international arrest warrant, violated the legal obligation Belgium owes to the Congo (immunity to the serving Congolese Minister) and that Belgium must therefore cancel the arrest warrant.
• This case concerned the then servicing Congolese Minister of Foreign Affairs who had been implicated in serious violations of international humanitarian law, including crimes against humanity.
• A Belgian judge issued an international arrest warrant citing universal jurisdiction in respect of such crimes.
• The ICJ confirmed that there was ___________ in custom relating to immunity from criminal jurisdiction and inviolability to incumbent Ministers of Foreign Affairs even where they were suspected of war crimes or crimes against humanity.
• The principles therein also apply to Heads of State.

Answer 8

Congo v Belgium (arrest warrant case).

• The Congo brought a suit against Belgium in the International Court of Justice asking it to declare that Belgium, by issuing the international arrest warrant, violated the legal obligation Belgium owes to the Congo (immunity to the serving Congolese Minister) and that Belgium must therefore cancel the arrest warrant.
• This case concerned the then servicing Congolese Minister of Foreign Affairs who had been implicated in serious violations of international humanitarian law, including crimes against humanity.
• A Belgian judge issued an international arrest warrant citing universal jurisdiction in respect of such crimes.
• The ICJ confirmed that there was no exception in custom relating to immunity from criminal jurisdiction and inviolability to incumbent Ministers of Foreign Affairs even where they were suspected of war crimes or crimes against humanity.
• The principles therein also apply to Heads of State.

“The Court emphasizes, however, that the Immunity from jurisdiction enjoyed by incumbent Ministers for Foreign Affairs does not mean that they enjoy impunity in respect of any crimes they might have committed, irrespective of their gravity. Immunity from criminal jurisdiction and individual criminal responsibility are quite separate concepts. While jurisdictional immunity is procedural in nature, criminal responsibility is a question of substantive law. Jurisdictional immunity may well bar prosecution for a certain period or for certain offences; it cannot exonerate the person to whom it applies from all criminal responsibility… “Accordingly, the immunities enjoyed under International law by an incumbent or former Minister for Foreign Affairs do not represent a bar to criminal prosecution in certain circumstances.

• First, such persons enjoy no criminal immunity under international law in their own countries, and may thus be tried by those countries’ courts in accordance with the relevant rules of domestic law.
• Secondly, they will cease to enjoy immunity from foreign jurisdiction if the State which they represent or have represented decides to waive that immunity.
• Thirdly, after a person ceases to hold the office of Minister for Foreign Affairs, he or she will no longer enjoy all of the immunities accorded by international law in other States. Provided that it has jurisdiction under international law, a court of one State may try a former Minister for Foreign Affairs of another State in respect of acts committed prior or subsequent to his or her period of office, as in respect of acts committed during that period of office in a private capacity.
• Fourthly, an incumbent or former Minister for Foreign Affairs may be subject to criminal proceedings before certain international criminal courts, where they have jurisdiction”

Question 9

Article 2 of the UN Convention on Jurisdictional Immunities of States and their property 2004.

“State” means:

• the State and its various organs of government;
• constituent units of a federal State or political subdivisions of the State, which are entitled to perform acts in the exercise of sovereign authority, and are acting in that capacity;
• agencies or instrumentalities of the State or other entities…
• representatives of the State acting in that capacity.

Answer 9

Article 2 of the UN Convention on Jurisdictional Immunities of States and their property 2004.

“State” means:

• the State and its various organs of government;
• constituent units of a federal State or political subdivisions of the State, which are entitled to perform acts in the exercise of sovereign authority, and are acting in that capacity;
• agencies or instrumentalities of the State or other entities…
• representatives of the State acting in that capacity.

Question 10

Appropriate test is whether the activity is of itself sovereign (jure imperil) or non-sovereign (Jure gestionis)

acta jure imperii - Any action by a state is the exercise of its ______ rights. Examples:

• law making,
• granting of a license to an investor,
• acts of expropriation

acta jure gestionis - Any commercial activity by a _____

examples:
* The purchase of fighter planes for the air force,
* Renting out of state owned property in a foreign country for commercial purposes.

Answer 10

Appropriate test is whether the activity is of itself sovereign (jure imperil) or non-sovereign (Jure gestionis)

acta jure imperii - Any action by a state is the exercise of its sovereign rights. Examples:

• law making,
• granting of a license to an investor,
• acts of expropriation

acta jure gestionis - Any commercial activity by a state

examples:
* The purchase of fighter planes for the air force,
* Renting out of state owned property in a foreign country for commercial purposes.

Question 11

Article 5 UN Convention on Jurisdictional Immunities of States and their property 2004.

• ‘A State enjoys _______ in respect of itself and its property, from the jurisdiction of the courts of another state subject to the provisions of the present Convention’

‘Immunity of any state’ means:
- from jurisdiction of other states,

• from execution of judgements or awards by arbitral
  tribunals by courts of other states into its property or
  any of its assets within the other state.

(ICJ Reports 2012, Germany v. Italy)

EXCEPT for:

• Commercial transactions(Art 10),
• Employment Contracts(Art 11),
• Civil Proceedings for damages for death/injury/ damage to property alleged to be attributable to the state (Art 12),
• Serious breach of Criminal International Law (Ex Parte Pinochet)

Answer 11

Article 5 UN Convention on Jurisdictional Immunities of States and their property 2004.

• ‘A State enjoys immunity in respect of itself and its property, from the jurisdiction of the courts of another state subject to the provisions of the present Convention’

EXCEPT for:

• Commercial transactions(Art 10),
• Employment Contracts(Art 11),
• Civil Proceedings for damages for death/injury/ damage to property alleged to be attributable to the state (Art 12),
• Serious breach of Criminal International Law (Ex Parte Pinochet)

Question 12

Waiver of State Immunity on Jurisdiction -

A State may waive its immunity from jurisdiction and consequently submits itself to the jurisdiction of a foreign court. Such submission (waiver of immunity), although gives the court of a State the competence to adjudicate and enter a judgment against a foreign State, does not authorize the execution of the court’s decision against such State.

Art. ___ UN-Convention:

“Express consent to exercise of jurisdiction
1. A State cannot invoke immunity from jurisdiction in a proceeding before a court of another State with regard to a matter or case if it has expressly consented to the exercise of jurisdiction by the court with regard to the matter.

An Example of Express Consent:

Art. 10 (2) German Model BIT 2009:

“If the dispute cannot be settled within six months of the date on which it was raised by one of the parties to the dispute, it shall, at the request of the investor of the other Contracting State, be submitted to _______. The two Contracting States hereby declare that they unreservedly and bindingly consent to the dispute being submitted to one of the following dispute settlement mechanisms of the investor’s choosing:”

Answer 12

Waiver of State Immunity on Jurisdiction -

A State may waive its immunity from jurisdiction and consequently submits itself to the jurisdiction of a foreign court. Such submission (waiver of immunity), although gives the court of a State the competence to adjudicate and enter a judgment against a foreign State, does not authorize the execution of the court’s decision against such State.

Art. 7 UN-Convention:

“Express consent to exercise of jurisdiction
1. A State cannot invoke immunity from jurisdiction in a proceeding before a court of another State with regard to a matter or case if it has expressly consented to the exercise of jurisdiction by the court with regard to the matter.

An Example of Express Consent:

Art. 10 (2) German Model BIT 2009:

“If the dispute cannot be settled within six months of the date on which it was raised by one of the parties to the dispute, it shall, at the request of the investor of the other Contracting State, be submitted to arbitration. The two Contracting States hereby declare that they unreservedly and bindingly consent to the dispute being submitted to one of the following dispute settlement mechanisms of the investor’s choosing:”

Question 13

State Immunity from Post-Judgment Measures of Constraint.

Art. 19 UN-Convention 2004:
“State immunity from post-judgment measures of constraint. No post-judgment measures of constraint, such as … execution, against property of a State may be taken in connection with a proceeding before a court of another State unless and except to the extent that:
(a) the State has expressly consented to the taking of such measures as indicated:

(i) by international \_\_\_\_\_\_\_
(ii) by an \_\_\_\_\_\_\_agreement;”

Answer 13

State Immunity from Post-Judgment Measures of Constraint.

Art. 19 UN-Convention 2004:
“State immunity from post-judgment measures of constraint. No post-judgment measures of constraint, such as … execution, against property of a State may be taken in connection with a proceeding before a court of another State unless and except to the extent that:
(a) the State has expressly consented to the taking of such measures as indicated:

(i) by international agreement
(ii) by an arbitration agreement;”

Question 14

Ambassadors and Legates - They are the diplomatic agent of first category and are the representative of sovereign state. The representatives appointed by pope are called ‘legates’.
Ministers Pleni-potentiary and Envoys Extra-ordinary - They are the second category of diplomatic agents, theses enjoy lesser ______ and immunities as compared with those of first category.
Ministers-Resident - They are added in 1818 by the congress of Aix-la-chappele. They are below the second category and enjoy lesser privilege than the upper categories.
Charge d’affairs - They are the diplomatic agents of the last category. They are not appointed by the head of the state. They are appointed by the Ministers of _________.

Answer 14

Ambassadors and Legates - They are the diplomatic agent of first category and are the representative of sovereign state. The representatives appointed by pope are called ‘legates’.
Ministers Pleni-potentiary and Envoys Extra-ordinary - They are the second category of diplomatic agents, theses enjoy lesser privileges and immunities as compared with those of first category.
Ministers-Resident - They are added in 1818 by the congress of Aix-la-chappele. They are below the second category and enjoy lesser privilege than the upper categories.
Charge d’affairs - They are the diplomatic agents of the last category. They are not appointed by the head of the state. They are appointed by the Ministers of foreign Affairs.

Question 15

Issues relating to diplomatic agents like immunities, powers and duties of diplomatic agents are dealt under the _______Convention on ______Relations, 1961.

Answer 15

Issues relating to diplomatic agents like immunities, powers and duties of diplomatic agents are dealt under the Vienna Convention on Diplomatic Relations, 1961.

Question 16

Vienna Convention on Diplomatic Relations, 1961:
* ___ countries
* It was adopted on 18 April 1961
* It came into force on 24 April ____
* Its articles are considered a cornerstone of modern international relations.
Theories :
Extra-territoriality
Functional theory
Representative Theory [see The Schooner Exchange]

Answer 16

Vienna Convention on Diplomatic Relations, 1961:
* 190 countries
* It was adopted on 18 April 1961
* It came into force on 24 April 1964
* Its articles are considered a cornerstone of modern international relations.
Theories :
Extra-territoriality
Functional theory
Representative Theory [see The Schooner Exchange]

Question 17

Immunities and Privileges of Diplomatic Agents:
Basis for diplomatic immunities- Theories
i, Theory of extra-territoriality
ii. Representative theory
iii. Functional theory

1) Inviolability of the person of Envoys - Torture of Indian Diplomat in Pakistan 1992 - Rajesh Mittal (Indian Diplomat) was tortured, interrogated and given electric shocks by Pakistan Intelligence Agencies which became quite a serious medical issue.
2) Immunity from criminal jurisdiction of courts - The diplomatic agents are immune from the criminal jurisdiction of the court.
3) Immunity from civil jurisdiction - The diplomatic agents are immune to the civil suits too. Suits relating to debts, breach of contract etc. cannot be filed against the diplomatic agents but there are exception to the civil jurisdiction - Private immovable property - Succession - Any professional or commercial activity.

4) Immunity regarding residence -
The residence of diplomatic agents are generally regarded inviolable.

5) Immunity from being present as witness - Diplomatic agents cannot be witness in the court. But a diplomatic agent may himself waive this immunity and personally present himself in the court.
6) Immunity from ____- They are also immune from the payment of the taxes etc.
7) Immunity from police rules - The diplomatic agents are also immune from the police rules of the state in which they are appointed.
8) Right to worship - The diplomatic agents can worship any religion or perform any rituals and ceremony
9) Right to exercise control and jurisdiction over their officials and families - The diplomatic agents have full control over there staff and people under him
10) Right to _____ freely in the territory of the receiving State - The diplomatic agent is free to travel any where in the receiving state.
11) Freedom of ________for official purposes - They are not bound of any obligation as concern to communicate to its official.
12) Immunity from the local and military obligations - The diplomatic agents are also immune from the local or military obligation. This is dealt under the article 35 of Vienna convention.
13) Immunity from Inspection of Personal Baggage - The bags of diplomatic agents are not liable to ______. Immunity is given to the personal baggage they carry.
14) Immunity from social security provisions - Under article 33 of the Vienna convention provides that diplomatic agents immune from social security provisions of the receiving sate.

Answer 17

Immunities and Privileges of Diplomatic Agents:
Basis for diplomatic immunities- Theories
i, Theory of extra-territoriality
ii. Representative theory
iii. Functional theory

1) Inviolability of the person of Envoys
Torture of Indian Diplomat in Pakistan 1992 - Rajesh Mittal (Indian Diplomat) was tortured, interrogated and given electric shocks by Pakistan Intelligence Agencies which became quite a serious medical issue.

2) Immunity from criminal jurisdiction of courts - The diplomatic agents are immune from the criminal jurisdiction of the court.
3) Immunity from civil jurisdiction - The diplomatic agents are immune to the civil suits too. Suits relating to debts, breach of contract etc. cannot be filed against the diplomatic agents but there are exception to the civil jurisdiction - Private immovable property - Succession - Any professional or commercial activity.

4) Immunity regarding residence -
The residence of diplomatic agents are generally regarded inviolable.

5) Immunity from being present as witness - Diplomatic agents cannot be witness in the court. But a diplomatic agent may himself waive this immunity and personally present himself in the court.
6) Immunity from taxes - They are also immune from the payment of the taxes etc.
7) Immunity from police rules - The diplomatic agents are also immune from the police rules of the state in which they are appointed.
8) Right to worship - The diplomatic agents can worship any religion or perform any rituals and ceremony
9) Right to exercise control and jurisdiction over their officials and families - The diplomatic agents have full control over there staff and people under him
10) Right to travel freely in the territory of the receiving State - The diplomatic agent is free to travel any where in the receiving state.
11) Freedom of communication for official purposes - They are not bound of any obligation as concern to communicate to its official.
12) Immunity from the local and military obligations - The diplomatic agents are also immune from the local or military obligation. This is dealt under the article 35 of Vienna convention.
13) Immunity from Inspection of Personal Baggage - The bags of diplomatic agents are not liable to inspection. Immunity is given to the personal baggage they carry.
14) Immunity from social security provisions - Under article 33 of the Vienna convention provides that diplomatic agents immune from social security provisions of the receiving sate.

Question 18

Duties of Diplomats:

• Duties to respect __and regulations of the receiving state.
• Duty not to interfere in the internal affairs of the state
  Official business to be conducted with or through the ministers of foreign affairs of receiving state or such other ministry as may be agreed.
• Premises of Mission not to be used in any matter incompatible with the function of the Mission.
• Diplomatic agents not to practice for personal profit any professional or _______activity

Answer 18

Duties of Diplomats:

• Duties to respect laws and regulations of the receiving state.
• Duty not to interfere in the internal affairs of the state
  Official business to be conducted with or through the ministers of foreign affairs of receiving state or such other ministry as may be agreed.
• Premises of Mission not to be used in any matter incompatible with the function of the Mission.
• Diplomatic agents not to practice for personal profit any professional or commercial activity

Question 19

Consuls are the representative of their states but they are not a \_\_\_\_\_\_\_ agent. Their main function is to look after the commerce and trade interests of their countries.
Classification Of Consuls:
Consuls- General
Consuls
Vice-Consuls
Consul-Agents

Answer 19

Consuls are the representative of their states but they are not a diplomatic agent. Their main function is to look after the commerce and trade interests of their countries.
Classification Of Consuls:
Consuls- General
Consuls
Vice-Consuls
Consul-Agents

Functions of the Consuls:

• They protect the commercial interest of their states.
• They supervise and inspect ships and aircrafts etc. of their countries.
• They look after the interests of their citizens and assist them in getting passport etc.
• They testify signatures, registration of marriage, birth, death etc.
• Any other functions assigned to them

Question 20

Termination of Diplomatic Mission:

Recall of Envoy - At any time, the appointing state may recall its envoy.

Notification in regard to Envoy’s function -The appointing state may end the term and function of the envoy through notification.

On the request of the receiving ____- The diplomatic agents on the request of the receiving state may send back the diplomatic agents, this can happen at the time when the relation between the states are strained.

By delivery of _____- It’s another way of termination of the diplomats, by giving back their passports the diplomatic agent’s work can be terminated.

Persona-non-gratia - Article 9: the receiving State may declare that the head of mission or any member of the diplomatic staff is considered persona non gratia and not ________. This can occur before or after their arrival in the receiving State. and 43 of the Convention talks about the persona-non-gratia. It means the ‘undesirable person’.

End of the object of the mission - The diplomatic agent is sent back, if the mission for which he was appointed is over.

Expiration of the letter of _______ - The diplomatic mission of an envoy also comes to an end after the expiration of the period for which he was appointed.

Answer 20

Termination of Diplomatic Mission:

Recall of Envoy - At any time, the appointing state may recall its envoy.

Notification in regard to Envoy’s function -The appointing state may end the term and function of the envoy through notification.

On the request of the receiving State - The diplomatic agents on the request of the receiving state may send back the diplomatic agents, this can happen at the time when the relation between the states are strained.

By delivery of passport - It’s another way of termination of the diplomats, by giving back their passports the diplomatic agent’s work can be terminated.

Persona-non-gratia - Article 9: the receiving State may declare that the head of mission or any member of the diplomatic staff is considered persona non gratia and not acceptable. This can occur before or after their arrival in the receiving State. and 43 of the Convention talks about the persona-non-gratia. It means the ‘undesirable person’.

End of the object of the mission - The diplomatic agent is sent back, if the mission for which he was appointed is over.

Expiration of the letter of Credence - The diplomatic mission of an envoy also comes to an end after the expiration of the period for which he was appointed.

Question 21

Refusal to Accept Diplomatic Agents:

• If the appointment of a particular person as diplomatic agent is considered ______ for the receiving state.
• If the diplomatic agent has by his declaration or conduct, done some inimical thing.
• If he is a citizen of a receiving state.

Answer 21

Refusal to Accept Diplomatic Agents:

• If the appointment of a particular person as diplomatic agent is considered harmful for the receiving state.
• If the diplomatic agent has by his declaration or conduct, done some inimical thing.
• If he is a citizen of a receiving state.

Question 22

Section 14: CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS
“Privileges and immunities are accorded to the representatives of Members not for the _____benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the United Nations. Consequently a Member not only has the right but is under a duty to waive the immunity of its representative in any case where in the opinion of the Member the immunity would impede the course of justice, and it can be waived without prejudice to the purpose for which the immunity is accorded.”

Section 15:
“The provisions of Sections 11, 12 and 13 are not applicable as between a representative and the authorities of the state of which he is a national or of which he is or has been the representative.”

Answer 22

Section 14: CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS
“Privileges and immunities are accorded to the representatives of Members not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the United Nations. Consequently a Member not only has the right but is under a duty to waive the immunity of its representative in any case where in the opinion of the Member the immunity would impede the course of justice, and it can be waived without prejudice to the purpose for which the immunity is accorded.”

Section 15:
“The provisions of Sections 11, 12 and 13 are not applicable as between a representative and the authorities of the state of which he is a national or of which he is or has been the representative.”