The document summarizes key aspects of diplomatic immunity and inviolability as outlined in the 1961 Vienna Convention on Diplomatic Relations. It discusses that diplomatic missions and agents are inviolable and cannot be entered or arrested by the receiving state without consent. The receiving state must protect diplomatic premises and not allow any threats to diplomats. Immunity exists from local criminal and most civil/administrative jurisdiction, with some exceptions. Diplomatic communications and bags are also inviolable and protected.

1. Consular and Diplomatic Affairs
Lecture 5

2. Inviolability of Diplomatic Missions
• 1. The premises of the mission shall be
inviolable. The agents of the receiving State
may not enter them, except with the consent
of the head of mission.
– Article 22 Vienna Convention (1961)
Article 22 I (i) defines ‘ the premises of the mission’
as ‘the buildings…and the land ancillary
thereto…used for the purposes of the mission’.

3. Inviolability of mission (cont)
• 2. 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 take all appropriate steps to
prevent any disturbances of the peace of the
mission or impairment of its dignity.
Article 22 Vienna Convention (1961)

4. Iran – US case
• The International Court of Justice stated that:
– Iran was placed under the most categorical
obligations, as a receiving state, to take
appropriate steps to ensure the protection of the
United States Embassy and Consulates, their
staffs, their archives, their means of
communication and the free movement of the
members of their staff.

5. Inviolability of Diplomatic Agents
• 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
appropriate steps to prevent any attack on his
person, freedom or dignity.
– Article 29 Vienna Convention (1961)

6. Inviolability of Agents (cont)
• 1. The private residence of a diplomatic agent
shall enjoy the same inviolability and
protection as the premises of the mission.
– Article 30 Vienna Convention (1961)
• Also includes papers , correspondence etc (Article 30
(2))

7. Immunity from local jurisdiction
• It is the duty of all persons enjoying such
privileges and immunities to respect the laws
and regulations of the receiving State.
– Article 41 Para.1 Vienna Convention (1961)
• However

8. Immunity from Criminal jurisdiction
• A diplomatic agent shall enjoy immunity from
the criminal jurisdiction of the receiving state.
– Article 31 Paragraph 1 Vienna Convention (1961)

9. Immunity from civil and administrative
jurisdiction
• Article 31, paragraph I also confers immunity
from the local 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, unless he holds it on behalf of the sending
State for the purposes of the mission;

10. Civil immunity (cont)
– (b) an action relating to succession in which the
diplomatic agent is involved as
executor, administrator, heir 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.
• Article 31, Paragraph 1 Vienna Convention (1961)

11. Waiver of Immunity
• Immunity in relation to both criminal and civil
matters can be waived, and local law will then
apply.
• Waiver of immunity is done by the sending
State, not the individual involved
– Article 32 Vienna Convention (1961)

12. Diplomatic Bag
• The receiving state shall permit and protect
free communications on behalf of the mission
for all official purposes. Such official
communication is inviolable and may include
the use of diplomatic couriers and messages
in code and cipher.
– Article 27 Vienna Convention (1961)

13. Diplomatic bag (cont)
• The diplomatic bag shall not be opened or
detained and 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’.
– Article 27(3) Vienna Convention (1961)

14. Diplomatic Bag (cont)
• There have been provisions introduced to
prevent abuse of the Diplomatic bag
– In the Dikko incident on 5 July 1984 a former
Nigerian minister was kidnapped in London and
placed on a crate to be flown to Nigeria. The crate
was opened at Stansted airport although it was
accompanied by a person claiming diplomatic
status.

15. Law prior to 1961
• There was no multilateral treaty on diplomatic
immunities prior to 1961. There was general
custom identified by state practice and a
series of bilateral treaties. Some of these
treaties were within wider capitulation
agreements which allowed foreign states not
only jurisdiction over their diplomats, but all
of their nationals on foreign soil.

16. Reading
• Vienna Convention on Diplomatic Relations, The
American Journal of International Law, Vol.
55, No. 4 (Oct., 1961), pp. 1064-1077
• Jonathan Brown, ‘Diplomatic Immunity: State
Practice under the Vienna Convention on
Diplomatic Relations’, The International and
Comparative Law Quarterly, Vol. 37, No. 1
(Jan., 1988), pp. 53-88