Sep 29, 2015 where diplomatic immunity applies, expulsion is one of the few levers at the disposal of the countrys ministry of foreign affairs. Foreign diplomats and consular officials have varying degrees of immunity from arrest. The british government voiced its yearning to finish the impasse over an absconder who skipped bail and sought asylum in the ecuadorean embassy in london in august 2012, the british government purportedly threatened that it would storm the embassy to arrest the fugitive. Diplomatic and consular law commentary on the vienna conventions on diplomatic and consular relations 2. Believing that an international convention on diplomatic intercourse.
The inviolability of diplomatic envoys has been recognized by most civilizations and states throughout history. For example, diplomatic agents and members of their immediate families are immune from all. Provided that this subsection shall not apply to any consular office which for the time being is in. Convention shall be construed as preventing the performance of consular.
Establishment, severance and termination of diplomatic relations. Consular privileges and immunities amendment bill 2005. The diplomatic and consular immunity guide for law enforcement. Head of state, head of government, minister of foreign affairs. Honorary consular officers and consular employees do not have immunity and may be forced to testify, except with regard to their official acts. Consular immunity privileges are described in the vienna convention on consular relations of 1963 vccr. In the latter case, the pakistani court had the option to determine raymond davis diplomatic, consular or contractual status and grant or not grant immunity. Diplomatic and state immunity in respect of claims of. Immunity may also be waived by the member of the consular post himself, by submitting voluntarily to the jurisdiction of the court of the receiving state. Diplomacy, diplomatic law, its evolution and codification.
Sep 08, 2017 diplomatic immunity is more broad than consular immunity. Sovereign immunity entails that no state shall exercise jurisdiction over another state without its consent and this is best expressed with the maixm par in parem non habet imperium but the principle of international concern in my opinion had made nonsense of sovereign. A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consuls own country, and to facilitate trade and friendship between the people of the two countries a consul is distinguished from an ambassador, the latter being a representative from one head of state to another, but both have a form. Diplomatic or consular immunity for criminal offenses. Vienna convention on consular relations vccr4the primary international. Consular law article about consular law by the free. It is the purpose of this booklet to familiarize police officers with the general rules of diplomatic and consular immunity and to provide them with specific guidance regarding the handling of difficult situations. The main sources of consular law are the many consular agreements concluded.
The inviolability of diplomatic and consular premises. For example, diplomatic agents and members of their immediate families are immune from all criminal prosecution and most civil law suits. State department notes on its website pdf, privileges and immunities for diplomats are established in the the vienna convention on diplomatic relations of 1961 vcdr and the vienna. However, in this paper our focus will be on immunity from jurisdiction of consular and. Evolution of diplomatic privileges and immunities we can trace the first privileges and immunities to the early days of human communication and attempts to solve conflicts in nonviolent ways. Diplomatic immunity, in international law, the immunities enjoyed by foreign states or international organizations and their official representatives from the jurisdiction of the country in which they are present. Bilateral diplomacy secrecy of negotiations protocolceremonial precedence, etiquette, etc. Foreign diplomats working in canada may be entitled to immunity from criminal prosecution. There is a need to briefly consider each of the immunity in order to know what immunity is all about. The beginnings of classical diplomacy the characteristics of classical diplomacy, namely the art of negotiation. Consular missions may be established with the following rank.
It allows diplomats to be able to carry out their functions within the framework of necessary security and confidentiality. What is the difference between consular immunity and. Consular premises art 31 of the consular convention i. They have no personal inviolability, only official acts immunity, and they have immunity from the obligation to provide evidence as witnesses. An act to give effect in pakistan to the vienna convention on diplomatic relations, 1961, and the vienna convention on consular relations, 1963. Diplomatic and consular immunity guidance for law enforcement and judicial authorities, united states department of state bureau of diplomatic security download the booklet in pdf. Consular immunity article about consular immunity by the. Foreign diplomats and consular officials should carry an identification card issued by the u. Further, while saudi arabia has not claimed diplomatic immunity for the 18 suspects, including three consular staff who fled istanbul following the killing, such immunity would not be applicable in any event because, unlike diplomatic agents like ambassadors, consular agents are not entitled to absolute immunity under the vienna conventions and may be prosecuted by the host country if.
Diplomatic and consular immunities from national jurisdiction. A consul of the highest rank is termed a consulgeneral, and is appointed to a consulategeneral. State department notes on its website pdf, privileges and immunities for diplomats are established in the the vienna convention on. Diplomatic immunity is a principle of international law by which certain foreign government officials are not subject to the jurisdiction of local courts and other. Policy it is the policy of the department to conform to federal law regulating diplomatic immunity. Questions of consular immunity are regulated by the domestic legislation of each state and by international conventions and customs. Termination of a consular functions 15 the consular functions may be terminated by various ways and reasons. Every state defines the scope of the functions of its consular representatives, taking into account the legislation of the host country. Provided that this subsection shall not apply to any consular office which for the time being is in charge of a consular officer who is a citizen of zambia or is. The abovementioned staff need certain form of immunity in order to perform their functions at the mission office. Immunity, consular the privileges and immunities of a consular institution and its employees for the purpose of the normal and unhindered execution of consular functions. The conventions provide immunity to persons according to their rank in a diplomatic mission or consular post and according to the need for immunity in performing their duties. These policies and procedures establish a formal legal and judicial process that can be emulated and applied by pakistan on the basis of the principle of reciprocity laid down in its domestic law.
Unless diplomatic immunity is waived by the sending state, the person holding it is immune from any legal action, whereas, consular immunity only protects the person when he or she is engag. An appraisal of the nigerian practice rasul yomi olukolu abstract with the coming into prominence of the diplomatic and state immunity, there has been an issue as to whether such immunity should be absolute or restricted to certain intercourse. Because consular immunity attaches only to official acts, an important issue for the drafters of the vienna convention was how, and indeed whether, to codify consular functions. The scope of consular immunity under the vienna convention. Diplomatic immunity is one of the oldest principles of international law, which dates back to the ancient governments of greece and rome. Although the majority of diplomatic immunity holders are not abusing their immunity, we constantly encounter various incidents where abuse of immunity is a central part of the case. A country may appoint more than one consulgeneral to another nation. The main sources of consular law are the many consular agreements concluded by individual countries defining the legal status of consuls and laying down the basic rules under which they function. Consular law the body of principles and norms of domestic legislation as well as of international law regulating the activities of consuls. Immunity, diplomatic legal definition of immunity, diplomatic. Amongst these immunities necessary are immunity from jurisdiction, inviolability of the private residence of a diplomatic agent, his paper, correspondence and proeprty 11 and much more. Diplomatic and consular privileges and immunities appendix b. Diplomatic immunity, in international law, the immunities enjoyed by foreign states or international organizations and their official representatives from the jurisdiction of the country in which they are present the inviolability of diplomatic envoys has been recognized by most civilizations and states throughout history.
But it still contributes to the balancing of interests between the sending and receiving state, because immunity does not entitle. Chapter 17 diplomatic and consular immunities new zealand. However inviolability only attaches throughout the duration of the visit. In that context it is relevant to note that the granting of diplomatic and consular immunity has given rise, over the years, to some controversy. Diplomatic and consular privileges and immunities in switzerland. Frey, ohio state university, the history of diplomatic immunity 1999. Diplomatic and consular immunity is a longstanding principle of international law which enables diplomats and foreign representatives to perform their duties with. The scope of an individuals immunity varies, depending on their category of employment or designation.
An act to give effect in pakistan to the vienna convention on diplomatic relations, 1961, and the vienna convention on consular relations, 1963 whereas pakistan has acceded to the vienna convention on diplomatic relations, 1961, and the vienna convention on. The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under article 37 may be waived by the sending. Use or abuse of diplomatic immunity a critical analysis of international law on diplomatic and consular asylum abstract. The only way to try a diplomat alleged to have broken the law is to ask their home country to waive diplomatic immunity something that has occasionally happened where egregious crimes were committed. Privileges and immunities, diplomatic and consular. Career consular officers can be arrested only for a felony investigation and pursuant to a warrant. Consular immunity offers protections similar to diplomatic immunity, but these protections are not as extensive, given the functional differences between consular and diplomatic officers.
Termination of a consular functions 15 the consular functions may be terminated by various ways and. Rationale for the immunity of state officials from foreign criminal jurisdiction 8497 178 9. In fact, of all the immunities and privileges a consul may claim, only two have been universally recognised, that is, the inviolability of consular archives and nonliability for acts performed in official capacity. Consular diplomacy has gained prominence in many foreign ministries, a dramatic turnaround from its earlier status as a routine activity. The very beginning of diplomacy is usually associated with the granting of diplomatic privileges and immunities. Diplomatic and consular law part two consul representative. Use or abuse of diplomatic immunity a critical analysis. Diplomatic immunity legal definition of diplomatic immunity. Diplomatic immunity is an exception to the general rule of territorial jurisdiction. C surveys the diplomatic relations act of 1978, which took effect in the united.
Consular and diaspora diplomacy in recent years, consular and diaspora diplomacy have both emerged as important areas in diplomatic studies. There are typically one or more deputy consulsgeneral, consuls, viceconsuls, and consular agents working under the consulgeneral. View diplomatic immunity research papers on academia. Pdf diplomatic or consular immunities for criminal offenses. Diplomatic and consular immunity us department of state. Diplomatic immunity is more broad than consular immunity. The immunity enjoyed by most diplomats, such as consular officers, staff, and employees, is restricted to acts which constitute part of the consular. For example, consular officers are not accorded absolute immunity from a host countrys criminal. Consular immunity offers protections similar to diplomatic immunity, but these.
Consular law article about consular law by the free dictionary. B present a description of diplomatic immunity law before and after the vienna convention took effect. To ensure exchanges of information and to maintain contact, most. Provisions regulating consular activity are contained in treaties dealing with trade and navigation, legal assistance, and social security. Subject to the provisions of this act, every member of the. How diplomatic immunity protects accused criminals al. Consular relations served to codify customary practice concerning the recognition and scope of diplomatic immunity. Diplomatic immunity is essentially a lawful exemption given to the diplomats to secure a free and impervious accessibility of the diplomats, and also to ascertain. Use or abuse of diplomatic immunity a critical analysis of. Where diplomatic immunity applies, expulsion is one of the few levers at the disposal of the countrys ministry of foreign affairs. Vienna convention on diplomatic relations, 1961 office of legal.