Diplomatic Immunity and Jurisdictional Immunities
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Questions and Answers

What legal principle states that a state cannot exercise sovereignty over another sovereign state?

  • Sovereign immunity (correct)
  • Diplomatic immunity
  • Jurisdictional immunity
  • State clearance

Who enjoys absolute immunity according to the principles of diplomatic immunity?

  • Consular officers
  • Staff of the mission
  • Diplomatic agents (correct)
  • Foreign nationals

Which category of persons is NOT provided with sovereign immunity under international law?

  • Consular officers
  • Foreign sovereigns
  • Diplomatic agents
  • International organizations (correct)

What is one of the main functions of a diplomatic mission as outlined in the Vienna Convention?

<p>Represent the sending state (D)</p> Signup and view all the answers

What distinguishes the immunity of diplomatic agents from that of mission staff?

<p>Diplomatic agents enjoy absolute immunity (A)</p> Signup and view all the answers

What is the primary responsibility of the receiving state regarding a foreign mission?

<p>To ensure complete protection against physical violence (B)</p> Signup and view all the answers

According to Article 22 of the Vienna Convention, who must give permission for agents of the receiving state to enter the premises of a mission?

<p>The head of the mission (B)</p> Signup and view all the answers

What happens to a diplomat's immunity upon leaving the receiving country?

<p>It ceases after a reasonable time (A)</p> Signup and view all the answers

What does the inviolability of the mission include according to the Vienna Convention?

<p>The building and parts of the buildings used for the mission (C)</p> Signup and view all the answers

Which of the following incidents violated the inviolability of a diplomatic mission?

<p>The overrun of the US embassy in Tehran in 1979 (D)</p> Signup and view all the answers

What is the status of the diplomatic bag according to Article 27 of the Vienna Convention?

<p>It shall not be opened or detained (C)</p> Signup and view all the answers

Who is entitled to complete immunity from civil acts such as divorce petitions?

<p>Chargé d'affaires and their families (C)</p> Signup and view all the answers

What does the Vienna Convention state about the premises of a foreign mission?

<p>They are inviolable and require head of mission’s consent for entry (C)</p> Signup and view all the answers

What forms of communication are protected by inviolability according to the Vienna Convention?

<p>Only official correspondence (C)</p> Signup and view all the answers

What type of staff does NOT enjoy immunity from civil and administrative jurisdiction relating to acts performed outside their duties?

<p>Administrative and technical staff (A)</p> Signup and view all the answers

What action can a receiving state take regarding a diplomat it declares persona non grata?

<p>Declare the diplomat unacceptable and refuse to recognize them (C)</p> Signup and view all the answers

What is the legal term for the court's refusal to entertain a divorce petition based on diplomatic immunity?

<p>Jurisdictional immunity (B)</p> Signup and view all the answers

Which category of staff is only immune from civil jurisdiction for acts performed in the course of their duties?

<p>Service staff (B)</p> Signup and view all the answers

Who can claim personal inviolability according to the diplomatic privileges?

<p>All diplomats and their families, if not nationals of the receiving state (D)</p> Signup and view all the answers

In the Shaw v Shaw case, why could the husband successfully strike out the petition for divorce?

<p>He had immunity under the Diplomatic Privileges Act (A)</p> Signup and view all the answers

What is the primary condition for the family of a diplomatic agent to enjoy immunity?

<p>They must not be nationals or permanent residents of the receiving state (C)</p> Signup and view all the answers

What is the primary reason for granting diplomatic immunity to foreign representatives?

<p>To ensure they can perform their international political functions without fear of prosecution.</p> Signup and view all the answers

In the context of the Schooner Exchange v McFaddon case, what was the implied promise made by the Exchange upon entering the U.S. port?

<p>The implied promise was that the ship would be exempt from the jurisdiction of the country.</p> Signup and view all the answers

How is the immunity of consular officers different from that of diplomatic agents?

<p>Consular officers enjoy qualified immunity, whereas diplomatic agents enjoy absolute immunity.</p> Signup and view all the answers

What are the three categories of staff within a diplomatic mission, as outlined in the content?

<p>Diplomatic agents, administrative and technical staff, and service staff.</p> Signup and view all the answers

What international agreement provides the legal framework for diplomatic immunity discussed in the content?

<p>The Vienna Convention on Diplomatic Relations.</p> Signup and view all the answers

What are the protections afforded to the premises of a diplomatic mission according to Article 22 of the Vienna Convention?

<p>The premises of a diplomatic mission are inviolable and may not be entered by agents of the receiving state without the permission of the head of the mission.</p> Signup and view all the answers

How does the Vienna Convention define 'premises of the mission'?

<p>'Premises of the mission' include the building, parts of buildings, and the land used for the mission, regardless of ownership.</p> Signup and view all the answers

What obligation does the receiving state have in relation to the protection of a diplomatic mission?

<p>The receiving state must take appropriate measures to protect the mission's premises against intrusion, damage, and disturbances.</p> Signup and view all the answers

What event in 1979 exemplified a violation of the inviolability of a diplomatic mission?

<p>The US embassy in Tehran was overrun by Iranians, compromising the safety of diplomats and staff.</p> Signup and view all the answers

What does Article 39(2) of the Vienna Convention say about the cessation of immunities and privileges for diplomats?

<p>Immunities and privileges normally cease when a diplomat leaves the receiving country or after a reasonable time to do so.</p> Signup and view all the answers

According to Article 27(2) of the Vienna Convention, what is the status of the diplomatic bag?

<p>The diplomatic bag shall not be opened or detained by the receiving state.</p> Signup and view all the answers

What right concerning freedom of movement is guaranteed by Article 26 of the Vienna Convention to members of a mission?

<p>Members of a diplomatic mission are guaranteed freedom of movement within the receiving state.</p> Signup and view all the answers

In what manner must the receiving state ensure the protection of the privacy of a diplomat's residence and communication?

<p>The receiving state is bound to protect the diplomat's private residence, papers, correspondence, and property from physical violence and attacks.</p> Signup and view all the answers

What are the three categories of staff in a diplomatic mission?

<p>The three categories are: heads of mission and diplomatic agents, administrative and technical staff, and service staff.</p> Signup and view all the answers

In the Shaw v Shaw case, what grounds did the husband use to claim immunity from the divorce petition?

<p>The husband claimed immunity under the Diplomatic Privileges Act 1964 due to his status as a diplomatic agent.</p> Signup and view all the answers

What conditions must be met for the family of a diplomatic agent to enjoy immunity?

<p>The family must not be nationals or permanent residents of the receiving state to enjoy immunity.</p> Signup and view all the answers

How does the immunity of the administrative and technical staff differ from that of heads of mission?

<p>Administrative and technical staff do not enjoy immunity from civil and administrative jurisdiction for acts performed outside their duties.</p> Signup and view all the answers

What authority does a receiving state have regarding a diplomat designated as persona non grata?

<p>A receiving state can declare a diplomat persona non grata at any time without explanation.</p> Signup and view all the answers

What level of immunity do service staff enjoy under diplomatic privilege?

<p>Service staff enjoy immunity from civil jurisdiction only for acts performed in the course of their duties.</p> Signup and view all the answers

What principle is affirmed by the personal inviolability of diplomatic agents and their families?

<p>They are protected from arrest or detention while in the receiving state, provided they are not nationals or permanent residents.</p> Signup and view all the answers

What happens to the status of a diplomat if the receiving state does not accept their continuation after declaring them unacceptable?

<p>They may cease to be considered a member of the mission and become a regular visitor in the receiving state.</p> Signup and view all the answers

Flashcards

Sovereign Immunity

The principle that a state cannot exercise sovereign authority over another sovereign state.

Case of the Schooner Exchange v McFaddon

A ship belonging to the Emperor of France was forced to enter the port of Philadelphia due to bad weather. Two Americans claimed ownership of the ship, claiming they seized it on the high seas. The court held that the ship was exempt from the jurisdiction of the United States while it was in port.

Jurisdictional Immunities

Certain categories of persons and bodies are immune from the jurisdiction of local courts, including foreign sovereigns, diplomatic agents, and consular officers.

Diplomatic Immunities

Diplomatic relations are based on mutual consent between the sending state and the receiving state. The protection of the representatives of another state is necessary to ensure that they can perform their international political functions without fear of prosecution.

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Staff of the Mission

The head of the mission has absolute immunity, while the staff of the mission has qualified immunity.

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What is inviolability?

Inviolability protects the privacy of a diplomat's home, papers, correspondence, and property.

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What is the responsibility of the receiving state towards a diplomatic mission?

The receiving state must protect diplomatic missions from intrusion, damage, and disturbance.

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Can the host country enter a diplomatic mission?

Diplomatic missions are inviolable and cannot be entered by the host country's authorities without permission from the head of the mission.

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What kind of protection does the receiving state provide to diplomatic mission members?

The receiving state has to provide all necessary protection against violence, attacks on dignity, and freedom to diplomatic mission members and their families.

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Are diplomatic mission members free to move and communicate?

The receiving state must allow free movement and communication for diplomatic mission members.

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What is the status of a diplomatic mission's archives and documents?

The archives and documents of a diplomatic mission are inviolable, meaning they cannot be accessed or interfered with by the host country.

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What is the status of the Diplomatic Bag?

The Diplomatic Bag, or pouch, containing official correspondence is inviolable and cannot be opened or detained by the host country.

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When do diplomatic immunities and privileges end?

Diplomatic immunities and privileges end when a diplomat leaves the receiving country, or after a reasonable period for departure.

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Chargé d'affaires

A diplomat's deputy who acts as the head of mission in the ambassador's absence. They handle diplomatic affairs and represent the sending state.

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Diplomatic Staff

Diplomatic staff members, such as counselors, attachés, and secretaries. They assist the head of mission and provide specialized support.

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Persona Non Grata

A receiving state has the right to declare a diplomat unwelcome and demand their departure. This can be done without explanation.

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Inviolability of Diplomatic Agents

Diplomats are entitled to personal inviolability, meaning they cannot be arrested or detained in the receiving state.

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Immunity from Civil Jurisdiction (For Family)

Diplomatic agents and their families enjoy immunity from civil jurisdiction for acts performed outside of their official duties. However, they can be sued for acts done outside their official duties.

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Diplomatic Immunity: Nationality Exception

Diplomatic agents and their families who are nationals or permanent residents of the receiving state do not enjoy diplomatic immunity.

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Consequences of Unrecalled Persona Non Grata

The receiving state may refuse to recognise a diplomat who is not recalled after being declared persona non grata, thus turning them into a regular visitor.

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Diplomatic Immunity: What does it mean?

Diplomatic agents and their families (who aren't citizens of the host country) are protected from criminal and civil prosecution. This includes things like divorce lawsuits.

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Who is the Chargé d'affaires?

A diplomat's deputy who handles diplomatic affairs in the ambassador's absence. They are in charge of representing the sending state.

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What is a Persona Non Grata?

The receiving state has the right to declare a diplomat unwelcome and request their departure. This can be done without explanation.

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What is the 'Expulsion of Diplomats' procedure?

A receiving state is allowed to remove a diplomat from their post without giving a reason. Usually, the sending state will recall the diplomat, but if they don't, the receiving state can refuse to acknowledge their position.

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Inviolability of Diplomatic Missions

A diplomatic mission is inviolable, which means it cannot be entered by the host country's authorities without permission from the head of the mission.

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Immunity of Mission Staff

The head of the mission has absolute immunity, meaning they are immune from any legal proceedings in the receiving state. The staff of the mission has qualified immunity, which means they have immunity for their official duties.

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Immunity from Civil Jurisdiction (Diplomats and Family)

Diplomats and their families have immunity from civil jurisdiction for acts performed outside of their official duties. They can be sued for acts done outside their official duties.

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Protection of Diplomatic Personnel

The receiving state is responsible for providing complete protection to diplomatic mission members and their families against physical violence, threats to their dignity, and limitations on their freedom.

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Inviolability of Diplomatic Premises

The premises of a diplomatic mission, including the head of mission's residence, are inviolable. The receiving state cannot enter without permission from the head of mission.

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Protection against Intrusion and Damage

The receiving state must ensure the safety and security of diplomatic premises, preventing any intrusion, damage, or disturbance to the peace of the mission.

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Inviolability of the Diplomatic Bag

The diplomatic bag, containing official correspondence, is inviolable and cannot be opened or detained by the receiving state.

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Inviolability of Diplomatic Archives

The archives and documents of a diplomatic mission are inviolable. The receiving state cannot access or interfere with them.

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Cessation of Diplomatic Immunities

Diplomatic immunities and privileges typically cease when a diplomat leaves the receiving country or a reasonable time after their departure.

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Freedom of Movement and Communication

The receiving state must allow diplomatic mission members freedom of movement and communication within its territory.

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Study Notes

Diplomatic Immunity

  • Diplomatic relations are based on mutual consent between the sending and receiving states
  • Protecting representatives of other states is essential to enable them to perform their international political functions without fear of prosecution. This is based on the Vienna Convention on Diplomatic Relations.
  • The mission's role, according to Article 3 of the Vienna Convention, includes representing the sending state, safeguarding its interests, and those of its nationals.
  • The Vienna Convention on Diplomatic Relations (VC on Diplomatic Relations) is central to understanding the details of diplomatic immunity.

Jurisdictional Immunities

  • The principle underlying the doctrine of jurisdiction is a natural extension of the immunity held by individual sovereigns.
  • Sovereign immunity means a state cannot exercise sovereign domain over another sovereign state. Evidence of this can be seen in Case of the Schooner Exchange v McFaddon.
  • In the Case of the Schooner Exchange v McFaddon, a French ship, forced into port by bad weather, was seized by Americans. Americans claimed ownership of the ship, arguing its seizure on high seas was rightful. However, the court held that the ship's entry into US territory implied an agreement that it would be exempt from US jurisdiction during that time.

International Law Immunities

  • Certain categories of people and bodies are immune from municipal (local) courts' jurisdiction.
  • Foreign sovereigns and foreign states (state immunity) are immune.
  • Diplomatic agents of a foreign state (Vienna Convention) are immune.
  • Consular officers of a foreign state are also immune (though not to the same extent as diplomats).

Staff of Mission

  • Absolute immunity applies to the head of mission.
  • Qualified immunity applies to mission staff.
  • Diplomatic agents (head of mission, chargé d'affaires, staff members) receive immunity from the receiving state unless they are nationals of that state.
  • This immunity covers both official and private acts in the case of those who are not nationals or permanent residents of the receiving state.
  • This includes civil matters, such as divorce proceedings. This was established in Shaw v Shaw, where a diplomatic agent was immune from a divorce suit.

Staff Categories

  • Diplomatic agents - heads of mission, chargés d'affaires, staff members (e.g., counselors, attachés, secretaries).
  • Administrative and technical staff - clerks, typists, translators, radio/telephone operators, and their families, provided they are not nationals or permanent residents of the receiving state. This group is immune only for acts within the scope of their official duties.
  • Service staff such as butlers and maids are only immune for acts performed in the course of their official duties

Expulsion of Diplomats

  • A receiving state can declare a head of mission or staff member "persona non grata" at any time.
  • Usually, the sending state will recall the diplomat. If not, the receiving state does not have to consider them a member of the mission.

Inviolability

  • All diplomats and their family members, provided they're not nationals or permanent residents of the receiving state, are personally inviolable.
  • The receiving state must protect them from violence, attacks on dignity, and threats to their freedom.
  • This protection extends to private residences, documents, and correspondence.
  • The premises of the mission, regardless of ownership, are inviolable.
  • Receiving state agents may not enter the mission without permission of the head of mission. This was recognised in an 1896 case involving Sun Yat Sen, the Chinese refugee.

Inviolability of Archives and Documents

  • Official correspondence and the diplomatic bag (pouch) are inviolable.
  • The receiving state usually permits movement and communication of the mission's personnel.

Cessation of Immunity

  • Diplomatic immunity normally ends when a diplomat leaves the receiving country or when their term expires.

Waiver

  • Personal Immunity involves actions taken outside an official capacity.
  • If a diplomat returns to the receiving state as a private individual, they may be held accountable for their personal actions.
  • Immunity can be waived by the sending state, and any waiver must be explicitly stated.

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Diplomatic Immunity PDF

Description

This quiz explores the principles of diplomatic relations, focusing on the essentials of diplomatic immunity as outlined in the Vienna Convention on Diplomatic Relations. It also examines the doctrine of jurisdictional immunities, particularly in the context of sovereign immunity and relevant case law.

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