International Law

Professor Robert Beck

IMMUNITY OF STATE REPRESENTATIVES



• DIPLOMATIC IMMUNITY   
  Vienna Convention on Diplomatic Relations, 1961:
  
  
• Article 22 - embassy cannot be entered without consent - premises of embassy inviolable
• Article 24 - archives and documents inviolable
• Article 27 - "diplomatic bag" (i.e. pouch) inviolable
• Article 29 - diplomats are inviolable exempt from arrest and detention exempt from enforcement jurisdiction
• Article 30 - private residence of diplomat inviolable
• Article 31 - diplomats are exempt from civil jurisdiction except: real estate, wills, professional and commercial activity outside official duties
• Article 32 - immunity can be waived by the sending state
• Article 37 - immunity applies to family of diplomat ["household"] certain rights apply to technical staff other employees
• Article 41 - mission cannot be used in a manner inconsistent with international law
• Article 9 - receiving state can declare diplomat persona non grata at any time for any reason
  
  
• CONSULAR IMMUNITY    
  Vienna Convention on Consular Relations, 1963:
  
  
• Article 43 - consular officials are immune from jurisdiction of judicial and administrative authorities for "acts performed in the exercise of consular functions"   i.e, in an official capacity
• Article 41 - consular officials are not liable to arrest or detention pending trial, except in the case of a "grave crime"
  
  
• INTERNATIONAL ORGANIZATIONS AND PERSONNEL
  
  
• The United Nations  
  (US-UN Headquarters Agreement, and the Convention on Privileges and Immunities of the U.N.)
  
• a juridical person
• property is immune
• premises are inviolable
• tax exempt
  
  
• Diplomatic Representatives to the UN  
  (US-UN Headquarters Agreement, and the Convention on Privileges and Immunities of the U.N.)
  
• immune from spoken and written word limitations
• privileges enjoyed in transit to and from sessions
• free from arrest and detention
• no seizure of baggage
• inviolability of documents
• immunity in US
• if US recognizes the state of the representative, he or she is accorded the same immunity as diplomats from states US recognizes
• if US does NOT recognize, then the representative is only immune in headquarters, residence, and official transit
  
  
• UN Organization Officials
  (Convention on Privileges and Immunities of the U.N.)
  
• immune from spoken and written word
• immune for acts performed in official capacity
  
  

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