Académique Documents
Professionnel Documents
Culture Documents
2
The business suit largely replaced braided
uniforms and gleaming decorations.
Also:
• Rapid communications leave little time for
reflection
• Public opinion and politics play a greater
role
• Greater role of international organizations
(multilateral).
• Rules regulating the various aspect of
diplomatic relations are the result of
centuries of States practice. They
constitute one of the earliest expressions
of International Law. Whenever in history
there have been independent States
coexisting, special customs have
developed on how the representatives of
one State would be treated by other State.
4
• Traditionally, diplomatic relations have
been conducted through ambassadors
and their staffs. However, with the growth
of trade and commercial transactions the
office of consul was established.
5
• Today, diplomats and consuls perform
useful functions in the host states. They
provide permanent presence in host
States, pursue friendly relations between
their States and the host States, and
promote the various interests of their
States in the host states.
6
Section 1: Diplomatic Mission
• Today, all States are represented in
foreign States by diplomatic
representatives. These diplomatic
representations are of a permanent
nature, although representatives are
changeable.
7
• In the early 19th Century, some common
understandings on the rules were reached
to at the Congress of Vienna of
1815. Developments of diplomatic rules
have continued since that date. The new
and the most extensive codification of the
diplomatic law was achieved in 1961 by
the conclusion of the Vienna Convention
on Diplomatic Relations.
8
A. Members of a Mission and Classification
of Heads of a Mission
Under the 1961 Vienna Convention on
Diplomatic Relations, members of the
diplomatic mission are the following:
9
(2) Members of the diplomatic staff: The
members who have diplomatic rank.
(3) Members of the administrative and
technical staff: The members who are
employed in the administrative and
technical service of the mission.
(4) Members of service staff: The
members who are employed in the
domestic service of the mission.
The Convention divided Heads of
diplomatic missions into three classes,
namely:
12
• It is still, however, that the receiving state
can at any time without obliged to explain
its decision to notify the sending State that
a particular diplomat is persona non grata;
in such case, he should be recalled and
his functions should be terminated.
C. Functions of the Diplomatic Mission
The functions of a diplomatic mission as
stated by the Convention consist among
other things of:
(1)representing the sending State in the
receiving State;
(2) protecting in the receiving State the
interests of the sending state and its
nationals, within the limits permitted by
international Law;
14
(3) negotiating with the Government of the
receiving State;
(4) ascertaining by all lawful means
conditions and developments in the
receiving State, and reporting thereon to the
Government of the sending State;
(5) promoting friendly relations between the
sending State and the receiving State, and
developing their economic, cultural and
scientific relations.
D. Privileges and Immunities of a Diplomatic
Agent
16
(2) Immunity from the civil and
administrative jurisdiction of the receiving
state, except in the case of:
i. a real action related to private
immovable property situated in the
territory of the receiving state, unless he
holds it on behalf of the sending State for
the purpose of the mission.
ii. an action related to succession in
which he is involved as executor,
administrator, heir or legatee as a private
person and not on behalf of the sending
State;
iii. an action related to any
professional or commercial activity
exercised by him in the receiving State
outside his official functions.
18
(3) The inviolability of his person.
(4) Exemption from all dues and taxes,
personal or real, national, regional or
municipal in the receiving state, except
indirect taxes, taxes and dues on
private immovable, dues on inheritance,
dues and taxes on private income,
and charges levied for specific services
rendered;
(5) Freedom of communication for official
purposes;
(6) The right to move freely in the territory
of the receiving State.
(7) The inviolability of his private
residence.
(8) The inviolability of his papers,
correspondence and property
20
The immunity from jurisdiction
granted to a diplomatic agent is
immunity from the jurisdiction of the
receiving State and not from liability. He
is not immune from the jurisdiction of
the sending State. Moreover, he can
be sued in the receiving state after a
reasonable time elapses from the
ending of his mission.
21
• Exceptions to the immunity of a diplomatic
agent from jurisdiction of the receiving
State:
– Waiver by the sending State which must be
express. However, such waiver of immunity
from jurisdiction does not imply waiver of
immunity in respect of the execution of a
judgment; in such case, a separate waiver is
required.
– Immunity may also be waived by the diplomatic
agent himself, by submitting voluntarily to the
jurisdiction of the court of the receiving State.
Members of the family of a diplomatic
agent, if they are not nationals of the
receiving State, likewise enjoy the same
privileges and immunities.
23
• The same privileges and immunities, with
certain exceptions, is enjoyed by members
of the administrative and technical staff of
the mission, together with members of
their families forming part of their
respective households, if they are not
nationals or permanent residents of the
receiving State.
• Members of the service staff who are not
nationals or permanent residents of the
receiving State enjoy immunity from
jurisdiction only in respect of acts
performed in the course of their official
duties.
E. Termination of a Diplomatic Mission or of the
Functions of a Diplomatic Agent
26
(1)Breaking off the diplomatic relations
between the sending and the receiving
States because of a war or any other
reason.
(2) A recall of the diplomatic agent by his
sending State upon its initiative, or at the
request of the receiving State.
(3) A notification by the sending State to
the receiving State that the functions of the
mission or the diplomatic agent has come
to its end.
(4) A notification by the receiving State
that the diplomatic agent is a persona
non grata.
(5) Resignation of the diplomatic agent.
(6) Death of the diplomatic agent.
28
Section 2: Consular Post
The institution of consular post is much older
than that of diplomatic mission. The modern
system of consular post is dated back to the
16th Century. The 1963 Vienna Convention
on Consular Relations is the law governing
consular representation.
A consular officer is any person, including
the head of the consular post, entrusted with
the capacity to exercise consular functions.
29
A consular officer, like a diplomatic agent,
represents his State in the receiving State
but he is not concerned with political
relations between the two States, but with a
variety of administrative functions:
issuing visas and passports,
looking after the commercial interests of
his State, and
assisting the nationals of his State in
distress.
Members of the Consular Post and
Classification of the Heads of the Post
The members of the consular post as stated
by the 1963 Vienna Convention are:
(1) The head of the post
(2)Consular officers, other than the head of
the consular post
(3) Consular employees
(4) Members of the service staff
(5) Members of the private staff
31
The heads of a consular post are divided
into four classes, namely:
(1) Consuls-General
(2) Consuls
(3) Vice-Consuls
(4) Consular agents
32
Appointment of a Head of the Consular
Post
The head of a consular post is
appointed by the sending State and is
admitted to exercise his functions by the
receiving State. The sending State
normally notify the appointment of a
consul to the receiving State which has the
right either to issue an “exequatur” or
refuse to issue it without obliged to give
reasons.
33
• Normally, a consul does not take his post
until receiving an exequatur. If
subsequently, an objection is raised, the
receiving State may notify the appointing
State that the consul is no longer
acceptable. Then the appointing State
must recall him, if it does not, the receiving
State may withdraw the exequatur.
Functions of a Consular Post
35
(3) Promoting friendly relations between
the sending State and the receiving
State.
(4) Reporting to the sending State on the
conditions and developments of the
commercial, economic, cultural and
scientific life of the receiving State, and
giving such information to interested
persons.
(5) Issuing passports and travel
documents to nationals of the sending
State, and giving visas to persons wishing to
travel to that State.
(6) Helping and assisting nationals of the
sending State, safeguarding their interests
in certain cases, and representing or
arranging for their representation before
the courts and other authorities of the
receiving State.
37
(7) Transmitting judicial and extra-judicial
documents to the receiving State.
(8) Exercising a supervision and
inspection powers over vessels and
aircrafts having the nationality of the
sending State, and over the crews of
these vessels and aircrafts.
(9) Acting as notary and civil registrar,
and performing certain functions of
administrative nature.
Privileges and Immunities of Consular
Officers
(1)A consular officer
- is immune from an arrest or detention
pending trial, except in the case of a
grave crime and pursuant to a decision by
the competent judicial authority;
- is immune from imprisonment or any other
restrictions on his personal freedom
save in execution of a final judicial
decision.
39
(2) A consular officer and a consular
employee
- are immune from the jurisdiction of the
judicial or administrative authorities of
the receiving State only in respect of acts
performed in exercise of consular
functions.
40
(3) A consular officer and a consular
employee and members of their
families forming part of their
households - are exempt from all dues &
taxes, except on certain specified cases.
(4) A member of the consular staff
- no obligation to give evidence concerning
matters connected with the exercise of his
functions or to produce official
correspondence and documents related
thereto;
- is also entitled to decline to give evidence
as expert witness with regard to the law of
the sending state;
- enjoys the freedom of communication for
official purposes;
- enjoys the right to move freely in the
territory of the receiving State;
42
Termination of a Consular Functions
45
«Let us never negotiate out of fear.
But let us never fear to negotiate»
46
Ambassadors in the 18th
Century
47
The Beginnings of Classical
Diplomacy
• The characteristics of classical diplomacy
were :
49
Bilateral and Multilateral Diplomacy
52
European Union Treaty
53
European Union Diplomacy
54
Legal personality
55
TREATY ESTABLISHING THE
PART TWO
“CITIZENSHIP OF THE UNION”
57
TREATY ESTABLISHING THE EUROPEAN COMMUNITY
“The European Council shall provide the Union with the necessary impetus for
its development and shall define the general political guidelines thereof.
The European Council shall bring together the Heads of State or Government
of the Member States and the President of the European Commission.
They shall be assisted by the Ministers for Foreign Affairs of the Member
States and by a Member of the Commission. The European Council shall
meet at least twice a year, under the chairmanship of the Head of State or
Government of the Member State which holds the Presidency of the
Council.
The European Council shall submit to the European Parliament a report after
each of its meetings and a yearly written report on the progress
achieved by the Union”.
59
European Union Treaty
• TITLE V—Provisions on a common foreign and security policy
(in Italian ”PESC”)
[Articles 11-28]
Art. 11, n. 2. “The Member States shall support the Union's external
and security policy actively and unreservedly in a spirit of loyalty and
mutual solidarity. The Member States shall work together to
enhance and develop their mutual political solidarity. They shall
refrain from any action which is contrary to the interests of the Union
or likely to impair its effectiveness as a cohesive force in
international relations. The Council shall ensure that these principles
are complied with”.
60
• Article 48 - European Union Treaty – “AMENDMENT”
61
• Article 49 - European Union Treaty – “New States Admissions”
62
Second Part
63
Sources of Diplomatic law
• 1. Customary law
• 2. General legal principles
• 3. Agreement (conventions, treaties etc.)
see next page
• 4. Acts
• 5. Analogy
• 6. Comitas gentium , international comity,
courtesy, precedence and etiquette, protocol
(customary source) and diplomatic practice
• 7. Others sources: doctrine; jurisdiction
64
Vienna Convention on the Law of Treaties
Done at Vienna, this twenty-third day of May, one thousand nine hundred and sixty-nine
(23rd of may 1969)
entered into force January 27, 1980
65
Vienna Convention on the Law of Treaties
66
Vienna Convention on the Law of Treaties
67
Subjects of Diplomatic law
• 1. The state as a subjects of diplomatic law.
• 2. International organizations (i.o.) and
European Union.
• 3. The individuals in the International and
Diplomatic Law.
• 4. Individuals as organs of the state.
71
CHAPTER I
PURPOSES AND PRINCIPLES
•
Article 1
• To maintain international peace and security, and to that end: to take effective collective
measures for the prevention and removal of threats to the peace, and for the suppression
of acts of aggression or other breaches of the peace, and to bring about by peaceful
means, and in conformity with the principles of justice and international law, adjustment or
settlement of international disputes or situations which might lead to a breach of the
peace;
• To develop friendly relations among nations based on respect for the principle of equal
rights and self-determination of peoples, and to take other appropriate measures to
strengthen universal peace;
• To achieve international co-operation in solving international problems of an economic,
social, cultural, or humanitarian character, and in promoting and encouraging respect for
human rights and for fundamental freedoms for all without distinction as to race, sex,
language, or religion; and
• To be a centre for harmonizing the actions of nations in the attainment of these common
ends.
72
CHAPTER VI
PACIFIC SETTLEMENT OF DISPUTES
• Article 33
• The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security,
shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to
regional agencies or arrangements, or other peaceful means of their own choice.
• The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.
•
• Article 34
• The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a
dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of
international peace and security.
•
• Article 35
• Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention
of the Security Council or of the General Assembly.
• A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General
Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific
settlement provided in the present Charter.
• The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the
provisions of Articles 11 and 12.
•
• Article 36
• The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature,
recommend appropriate procedures or methods of adjustment.
• The Security Council should take into consideration any procedures for the settlement of the dispute which have already been
adopted by the parties.
• In making recommendations under this Article the Security Council should also take into consideration that legal disputes
should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the
Statute of the Court.
73
Third Part
74
• Entry into force: 24 April 1964, in
accordance with article 51.
• Registration: 24 June 1964, No. 7310.
• Status: Signatories: 60 ,Parties: 184.
• Text: United Nations, Treaty Series, vol.
500, p. 95.
75
Vienna Convention 1961
• The Convention was adopted on 14 April 1961 by the
United Nations Conference on Diplomatic Intercourse
and Immunities held at the Neue Hofburg in Vienna,
Austria, from 2 March to 14 April 1961. The Conference
also adopted the Optional Protocol concerning the
Acquisition of Nationality, the Optional Protocol
concerning the Compulsory Settlement of Disputes, the
Final Act and four resolutions annexed to that Act. The
Convention and two Protocols were deposited with the
Secretary-General of the United Nations. The Final Act,
by unanimous decision of the Conference, was
deposited in the archives of the Federal Ministry for
Foreign Affairs of Austria.
76
Vienna Convention on Diplomatic Relations
&
VIENNA CONVENTION ON CONSULAR RELATIONS
77
Vienna Convention on Diplomatic Relations
&
VIENNA CONVENTION ON CONSULAR RELATIONS
78
VIENNA CONVENTION ON CONSULAR
RELATIONS
79
Vienna Convention on Diplomatic Relations
&
VIENNA CONVENTION ON CONSULAR RELATIONS
Purposes in comparison
80
Vienna Convention on Diplomatic Relations
&
VIENNA CONVENTION ON CONSULAR RELATIONS
Purposes in comparison
• (a) protecting in the receiving State the interests of the sending State and of its
nationals, both individuals and bodies corporate, within the limits permitted by
international law;
(b) furthering (favouring) the development of commercial, economic, cultural and
scientific relations between the sending State and the receiving State and otherwise
promoting friendly relations between them in accordance with the provisions of the
present Convention;
(c) ascertaining (inquiring) by all lawful means conditions and developments in the
commercial, economic, cultural and scientific life of the receiving State, reporting
thereon to the Government of the sending State and giving information to persons
interested; (…)
81
VIENNA CONVENTION ON CONSULAR
RELATIONS
follow art. 5:
“(d) issuing passports and travel documents to nationals of the sending State, and visas or appropriate documents to persons wishing to
travel to the sending State;
(e) helping and assisting nationals, both individuals and bodies corporate, of the sending State;
(f) acting as notary and civil registrar and in capacities of a similar kind, and performing certain functions of an administrative nature,
provided that there is nothing contrary thereto in the laws and regulations of the receiving State;
(g) safeguarding the interests of nationals, both individuals and bodies corporate, of the sending State in cases of succession mortis
causa in the territory of the receiving State, in accordance with the laws and regulations of the receiving State;
(h) safeguarding, within the limits imposed by the laws and regulations of the receiving State, the interests of minors and other persons
lacking full capacity (incapaci) who are nationals of the sending State, particularly where any guardianship (tutela) or trusteeship
(curatela) is required with respect to such persons;
(i) subject to the practices and procedures obtaining in the receiving State, representing or arranging appropriate representation for
nationals of the sending State before the tribunals and other authorities of the receiving State, for the purpose of obtaining, in
accordance with the laws and regulations of the receiving State, provisional measures for the preservation of the rights and interests of
these nationals, where, because of absence or any other reason, such nationals are unable at the proper time to assume the defence of
their rights and interests;
(j) transmitting judicial and extrajudicial documents or executing letters rogatory or commissions to take evidence for the courts of the
sending State in accordance with international agreements in force or, in the absence of such international agreements, in any other
manner compatible with the laws and regulations of the receiving State;
(k) exercising rights of supervision and inspection provided for in the laws and regulations of the sending State in respect of vessels
having the nationality of the sending State, and of aircraft registered in that State, and in respect of their crews;
(l) extending assistance to vessels and aircraft mentioned in sub-paragraph (k) of this Article and to their crews, taking statements
regarding the voyage of a vessel, examining and stamping the ship's papers, and, without prejudice to the powers of the authorities of
the receiving State, conducting investigations into any incidents which occurred during the voyage, and settling disputes of any kind
between the master, the officers and the seamen in so far as this may be authorized by the laws and regulations of the sending
State; (…)
82
The Diplomatic Career Path
in Italy (by The Minister for Foreign Affairs)
• Second Secretary on trial (9 months) at the Diplomatic Institute and in the ministerial offices (9
months)
• Second Secretary (duration of appointment at that grade: 10 years and 6 months, including the 9
month trial period)
• At the Ministry of Foreign Affairs (2 to 3 years) followed by the first assignment abroad to two or
three foreign offices (6 to 8 years) followed by a refresher course at the Diplomatic Institute (for
at least 6 months)
• Second Counsellor
(duration of appointment at that grade: at least four years)
• The first foreign posting cycle reaches an end, followed by:
A return to the Ministry of Foreign Affairs (2 - 3 years)
• New foreign destination
First Counsellor (duration of appointment at that grade: at least four years)
• Assignment abroad or to the Ministry
(approximately 2/3 of the career spent abroad) followed by another refresher course at the
Diplomatic Institute (at least 3 months)
• Minister Plenipotentiary* (duration of appointment at that grade: at least 7 years)
• Assignment abroad or to the Ministry
(approximately 2/3 of the career spent abroad)
• Ambassador *
* Appointment conferred under Presidential Degree subject to the approval of the Council of Ministers
83
on proposal of the Ministry of Foreign Affairs.
Diplomats rank
Article 14 – Vienna 1961
Article 15
• “The class to which the heads of their missions are to be assigned shall be
agreed between States”.
84
Consul ranks
85
Diplomatic agent appointment
86
Consul appointment
• Article 10 - “APPOINTMENT AND ADMISSION OF HEADS OF
CONSULAR POSTS”
87
Diplomats withdrawal
“Withdrawal of diplomatic credentials”
• Article 9
89
APPOINTMENT AND ADMISSION OF
Consul
• Article 12 “THE EXEQUATUR”
90
Diplomatic agent appointment
• Article 10 Vienna 1961
• 1. The Ministry for Foreign Affairs of the receiving State, or such other ministry as
may be agreed, shall be notified of:
• (a) the appointment of members of the mission, their arrival and their final
departure or the termination of their functions with the mission;
• (b) the arrival and final departure of a person belonging to the family of a member
of the mission and, where appropriate, the fact that a person becomes or ceases to
be a member of the family of a member of the mission;
• (c) the arrival and final departure of private servants in the employ of persons
referred to in sub-paragraph (a) of this paragraph and, where appropriate, the fact
that they are leaving the employ of such persons;
• (d) the engagement and discharge of persons resident in the receiving State as
members of the mission or private servants entitled to privileges and immunities.
• 2. Where possible, prior notification of arrival and final departure shall also be
given.
91
End of functions of diplomats
• Article 43 Vienna 1961
92
Protocol for the Modern Diplomat
• Comitas gentium =
Protocol,Ceremonial,diplomatic practice.
• Few things are as anxiety provoking for the first-
time embassy or mission employee or family
member as the notion of diplomatic protocol.
Protocol can sound both stuffy and mysterious at
the same time; the rules and processes of
diplomatic protocol are based in pragmatic
thinking, common sense, and good manners.
93
• Protocol makes the job of representing
sending state easier by facilitating our
work as a mission team, making our
relationships and interactions within the
diplomatic and host country communities
more predictable, and by providing a basic
social framework and hierarchy to follow.
94
Addressing Others
• Although guidelines exist, proper forms of address vary
greatly from culture to culture. Be sure to check local
customs, but a few general rules follow. The spirit of
formality among diplomatic representatives usually
means not addressing others by their first names. One
should rely on courtesy titles until invited to do otherwise.
Socially, one can refer to a spouse by his/her first name
or as "my husband," or "my wife" rather than as "Mr./Mrs.
Smith." When dealing with household employees
however, you should still refer to your spouse as
"Mr./Mrs. Rossi." Ambassadors are addressed as
Mr./Madam Ambassador or Ambassador Fulci. Only by
special invitation or long friendship should one address
an ambassador by first name and then only when not in
the public eye.
95
• An ambassador may continue to be addressed
as "Mr./Madam Ambassador" after retirement or
after returning from his/her duties abroad. In
some French-speaking countries, the wife of the
ambassador may be referred to as Madam
Ambassador. Therefore, in those countries, refer
to a female ambassador by her last name
• (Ambassador Deneuve) to avoid confusion and
ensure that she receives her due respect.
• Those of rank below Ambassador are addressed
as Mr., Ms. or Mrs., if marital status is known..
96
Diplomatic Titles
1. Chiefs of Mission
• Mr./Madam Ambassador or Ambassador Fulci.
Sir Richard—British ambassador who is a knight
(Sir Richard's wife would be addressed as "Lady
Smith.")
• Lord Montgomery—British ambassador who is a
baron Mr./Mrs. Douglas or Ms. Williams—the
ambassador's spouse
2. Chargé d'Affaires: Mr./Ms/Mrs./Madam
Biancheri
3. Ministers and Others : Mr./Madam Fulci
97
Hierarchy
• Diplomatic ranks can be confusing and unfamiliar. The
following list ranks many of the positions (from the top
down) one may find in an embassy. Not all positions
exist in every embassy.
• Ambassador
• Ministers Plenipotentiary
• Ministers
• Chargé d'Affaires ad hoc or pro tempore
• Charge d' Affaires ad interim
• Minister-Counselors
• Counselors (or Senior Secretaries in the absence of
Counselors)
98
Hierarchy (to be continued)
• Army, Naval and Air Attachés
• Civilian Attaches not in the Foreign Service
• First Secretaries
• Second Secretaries
• Assistant Army, Naval and Air Attachés
• Civilian Assistant Attaches not in the Foreign
Service
• Third Secretaries and Assistant Attachés
99
Dress
100
Gender issues
101
Respect of “status”
When everyone is treated respectfully, only
a few status issues merit special note. As
mentioned earlier, stand when an
ambassador and his/her spouse enter the
room, and allow him/her to enter and exit a
room first. When making introductions,
introduce someone to the more
distinguished or older person. In addition,
reserve the far right-hand seat of a sofa,
as you sit, for the guest of honour.
102
Sample Seating Arrangement for a
Men's/Women's Luncheon or Dinner
• As a general rule, an even number of men
and women alternate seats at a table. In
American homes, foreign guests take
precedence over Americans of
comparable rank with the exception of the
Ambassador of the United States. The
Ambassador is seated as a host or
hostess to avoid seating precedence
conflicts. This courtesy also applies to the
ambassador's spouse.
103
• To seat the host(ess) and the guest of
honor opposite each other in the middle of
the long sides of the dining table and then
alternate from there. Place a seating chart
in the entrance hall so that each guest
may find his/her place before entering the
dining room.
104
Formal "Black Tie" or "White Tie"
• Formal wear may be worn at evening
performances of the opera, the theater,
balls, and for the most formal dinners and
evening affairs.
• Black tie is generally not worn in the
daytime.
• White tie requires the additional formality
of a cutaway ("tails") for men and a floor-
length ball gown for women.
105
Diplomatic Corp (Service)
• We have two different “diplomatic corps”:
108
HONORARY CONSULAR
OFFICERS
Vienna Convention 1963
CHAPTER III:
“REGIME RELATING TO HONORARY
CONSULAR OFFICERS AND
CONSULAR POSTS HEADED BY SUCH
OFFICERS”
(Articles 58 to 68)
109
CHAPTER III
Article 58
“GENERAL PROVISIONS RELATING TO FACILITIES, PRIVILEGES AND
IMMUNITIES”
• 1. Articles 28, 29, 30, 34, 35, 36, 37, 38 and 39, paragraph 3 of Article 54 and
paragraphs 2 and 3 of Article 55 shall apply to consular posts headed by an honorary
consular officer. In addition, the facilities, privileges and immunities of such consular
posts shall be governed by Articles 59, 60, 61 and 62.
• 2. Articles 42 and 43, paragraph 3 of Article 44, Articles 45 and 53 and paragraph 1
of Article 55 shall apply to honorary consular officers. In addition, the facilities,
privileges and immunities of such consular officers shall be governed by Articles 63,
64, 65, 66 and 67.
• 3. Privileges and immunities provided in the present Convention shall not be
accorded to members of the family of an honorary consular officer or of a consular
employee employed at a consular post headed by an honorary consular officer.
• 4. The exchange of consular bags between two consular posts headed by honorary
consular officers in different States shall not be allowed without the consent of the
two receiving States concerned.
110
HONORARY CONSULS
• Article 16 ”PRECEDENCE AS BETWEEN
HEADS OF CONSULAR POSTS”
111
HONORARY CONSULS
• Article 22
“NATIONALITY OF CONSULAR OFFICERS”
112
“Status”
• 1. Diplomatic status
• 2. Consular status
Definition:
“Status” means the special (legal)
condition which grant extraordinary
individual facilities, privileges,immunities,
inviolability, exemptions, and special
freedoms.
113
“Status”
“Status” means the special condition:
1.legal condition: customary law and written
agreements because codified in the two
Vienna Conventions which grant
extraordinary individual facilities,
privileges,immunities, inviolability,
exemptions, and special freedoms.
114
“Status”
1. Facilities
2. Privileges
3. Immunities
4. Inviolability
5. Exemptions
6. Special freedoms
7. Protection
115
“Status”/facilities,privileges,exemptions
1. Facilities/2. Privileges: all honours, benefits and conveniences
rising from the diplomatic status. But art. 20 “The mission and its
head shall have the right to use the flag and symbol of the sending
State on the location of the mission, including the residence of the
head of the mission, and on his means of transport”.
116
“Status”/special freedom
3. Special freedoms:
art. 26 “Subject to its laws and regulations
concerning zones entry into which is prohibited
or regulated for reasons of national security, the
receiving State shall ensure to all members of
the mission freedom of movement and travel in
its territory”.
art. 27 “The receiving State shall permit and
protect free communication on the part of the
mission for all official purposes”.
117
“Status”/inviolability
4. Inviolability: a) persons; b) buildings; c) things.
118
“Status”/inviolability
Art. 27, n. 2 “The official correspondence of the mission
shall be inviolable. Official correspondence means all
correspondence relating to the mission and its functions.
n. 3 “The diplomatic bag shall not be opened or
detained. n. 4 ”The packages constituting the diplomatic
bag must bear visible external marks of their character
and may contain only diplomatic documents or articles
intended for official use”. n. 5 “The diplomatic courier,
who shall be provided with an official document
indicating his status and the number of packages
constituting the diplomatic bag, shall be protected by the
receiving State in the performance of his functions. He
shall enjoy personal inviolability and shall not be liable to
any form of arrest or detention”.
119
“Status”/inviolability
• Art. 29 “The person of a diplomatic agent
shall be inviolable. He shall not be liable to
any form of arrest or detention. The
receiving State shall treat him with due
respect and shall take all appropriate
steps to prevent any attack on his person,
freedom or dignity.
120
“Status”/inviolability
• Article 30
• 1. The private residence of a diplomatic
agent shall enjoy the same inviolability and
protection as the building of the mission.
• 2. His papers, correspondence and,
except as provided in paragraph 3 of
Article 31, his property, shall likewise
enjoy inviolability.
121
Diplomatic immunity
• We have two category of diplomatic
immunity:
1) immunity from criminal jurisdiction:
2) immunity from civil and administrative
jurisdiction.
• Immunity means exemption from any
judgment (tribunals of receiving state).
Diplomat not be subject to any form of
arrest or detention.
122
Criminal immunity
Article 31
to be continued…
123
Criminal immunity
• Criminal immunity means full exemption
from any criminal judgment and act.
• We have a full immunity: the diplomat is
covered for all action and act, any
diplomatic act (related to the function); any
private act and action even if out of
diplomatic mission.
• Remember difference: iure imperii (or iure
privatorum) acts and iure gestionis acts
124
Civil immunity
Article 31
1. (…) He shall also enjoy immunity from its civil and
administrative jurisdiction, except in the case of:
• (a) a real action relating to private immovable
property situated in the territory of the receiving State,
except he holds it on behalf of the sending State for
the purposes of the mission;
• (b) an action relating to succession in which the
diplomatic agent is involved as executor, administrator,
heir (erede) or legatee as a private person and not on
behalf of the sending State;
• (c) an action relating to any professional or
commercial activity exercised by the diplomatic agent
in the receiving State outside his official functions.
125
Immunity / “status”
• Article 10
• 1. The Ministry for Foreign Affairs of the receiving State, or such other ministry as
may be agreed, shall be notified of:
• (a) the appointment of members of the mission, their arrival and their final
departure or the termination of their functions with the mission;
• (b) the arrival and final departure of a person belonging to the family of a
member of the mission and, where appropriate, the fact that a person becomes or
ceases to be a member of the family of a member of the mission;
• (c) the arrival and final departure of private servants in the employ of persons
referred to in sub-paragraph (a) of this paragraph and, where appropriate, the fact
that they are leaving the employ of such persons;
• (d) the engagement and discharge of persons resident in the receiving State as
members of the mission or private servants entitled to privileges and immunities.
• 2. Where possible, prior notification of arrival and final departure shall also be
given.
126
Immunity / “status”
• Article 13
127
Diplomatic immunity
• Article 32 – Waiver (renounce)
129
Diplomatic immunity
• Article 32 – Waiver (renounce)
130
Consul immunity
• Vienna 1963 - Article 43 “IMMUNITY FROM
JURISDICTION”