2. Case of Diplomatic Immunity Infringement – Second Millennium BC
•Hammurabi: The second-millennium BC Babylonian ruler and first
lawgiver
•Recorded as having violated the spirit of diplomatic immunity by refusing
to provide safe passage for the return trip of foreign envoys that had
brought him a message he didn’t like.
•This means that by as late as 4,000 years ago, the concept of diplomatic
immunity was already established.
3. How can diplomatic immunity be infringed by the receiving state in
modern times?
●Infringement against the premises of diplomatic mission
●Infringement against post, correspondence and documents
●Infringement against diplomatic agents (Diplomatic Ranks)
5. Case of infringement of a diplomatic mission – U.S Embassy in Iran
(Contd)
●Tehran students seize and holds hostages in the U.S.A Embassy in Iran
(November 4, 1979)
●ARTICLE 22 was violated:
•The receiving state is under a special duty to take all appropriate steps to
protect the premises of the mission against any intrusion or damage and to
prevent any disturbance of the peace of the mission or impairment of its
dignity.
6. Attack on the American Embassy in Libya
September 2012
On the Evening of September 2012 Islamic Militants attacked the American
Diplomatic compound in Benghazi, Libya , Killing the U.S. Ambassador J.
Christopher Stevens and U.S. Foreign Service Information Management
Officer Sean Smith. Stevens was the first U.S. Ambassador killed in the line of
duty since 1979.
7. Case of infringement against diplomats bag – UK Diplomat
●Spain search UK’s diplomatic bag at Gibraltar border (Nov. 26, 2013)
●ARTICLE 27 was violated:
•The receiving state shall permit and protect free communication on the
mission for official purpose.
•The official correspondence of the mission shall be inviolable. All
correspondence relating to the mission.
•The diplomatic bag shall not be opened or detained
•The diplomatic bag must bear visible external mark of their character and
may contain only diplomatic documents and articles