Diplomatic Immunity
Diplomatic Immunity
4. The sending State must make certain that the agrément of the receiving State has been given for
the person it proposes to accredit as head of the mission to that State. The receiving State is not
obliged to give reasons to the sending State for a refusal of agrément. The basic protocol of
diplomatic mission is to follow, promote and maintain international relations, to eliminate and
settle misunderstandings and problems which have arisen in relations between subjects of
international law and international relations in general.
5. It is provided in Article 2 on the Vienna Convention on Consular Relations that the establishment
of consular relations between States takes place by mutual consent. The consent given to the
establishment of diplomatic relations between two States implies, unless otherwise stated, consent
to the establishment of consular relations. The severance of diplomatic relations shall not ipso
facto involve the severance of consular relations.
An exequatur is a legal document issued by a sovereign authority that permits the exercise or
enforcement of a right within the jurisdiction of the authority. The word is a form of
the Latin verb "exequi", which denotes "let it be executed". Article 11 provides that the head of a
consular post is admitted to the exercise of his functions by an authorization from the receiving
State termed an exequatur, whatever the form of this authorization. A State which refused to grant
an exequatur is not obliged to give to the sending State reasons for such refusal. Subject to the
provisions of articles 13 and 15, the head of a consular post shall not enter upon his duties until
he has received an exequatur.
6. Article 24 The archives and documents of the mission shall be inviolable at any time and
wherever they may be. These documents include the the notes, memorandum, official letters, and
aide-mémoire.
7. The “premises of the mission”, as defined in Article 1 of the Vienna Convention on Diplomatic
Relations, are the buildings or parts of buildings and the land ancillary thereto, irrespective of
ownership, used for the purposes of the mission including the residence of the head of the
mission. On the other hand, “consular premises”, as defined in Article 1 of the Vienna
Convention on Consular Relations means the buildings or parts of buildings and the land
ancillary thereto, irrespective of ownership, used exclusively for the purposes of the consular
post;
8. Article 14 provides that Heads of mission are divided into three classes, namely that of
ambassadors or nuncios accredited to Heads of State, and other heads of mission of equivalent
rank. The ambassador extraordinary and plenipotentiary being historically regarded as the
personal representative of the sovereign, the custom of dispatching ambassadors to the head of
state rather than the government has persisted.
Article 41 provides the rights and obligations which states that without prejudice to their
privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to
respect the laws and regulations of the receiving State. They also have a duty not to interfere in
the internal affairs of that State. Article 29. Diplomats must not be liable to any form of arrest or
detention. They are immune from civil or criminal prosecution, though the sending country may
waive this right under Article 32. It also provides in Article 31.1c that actions not covered by
diplomatic immunity: professional activity outside diplomat's official functions. Article 34 speaks
about tax exemption of diplomatic agents while Article 36 establishes that diplomatic agents are
exempted from custom duties. Article 37 provides the family members of diplomats that are
living in the host country enjoy most of the same protections as the diplomats themselves.
9. Honorary consular officers who are heads of consular posts shall rank in each class after career
heads of consular posts
10. In negotiating, diplomats often use rewards—such as the promise of new trade, an arms sale, or
shipments of food—to encourage an agreement. ... The most well-known is, of course, the treaty,
a formal, written agreement between sovereign states or between or among countries and
international organizations
11. A diplomatic note is a diplomatic document presented by one state's foreign ministry to another
state.
Types:
A. Letters of credence - the letter closes with a phrase "asking that credit may be given to all that
the ambassador may say in the name of his sovereign or Government." They are worded
carefully, as the sending or acceptance of a letter implies diplomatic recognition of the other
government.
C. Full powers - In cases where an envoy is entrusted with unusually extensive tasks that would
not be covered by an ordinary permanent legation (such as the negotiation of a
special treaty or convention, or representation at a diplomatic congress), an envoy may be
given full powers (pleins pouvoirs) "in letters patent signed by the head of the State"
designing "either limited or unlimited full powers, according to the requirements of the case."
D. Note verbale - is a formal form of note and is so named by originally representing a formal
record of information delivered orally. It is less formal than a note (also called a letter of
protest) but more formal than an aide-mémoire. A note verbale can also be referred to as
a third person note (TPN). Notes verbale are written in the third person and printed on official
letterhead; they are typically sealed with an embosser or, in some cases, a stamp.
E. Collective note – It is a letter delivered from multiple states to a single recipient state. It is
always written in the third person.[6] The collective note has been a rarely used form of
diplomatic communication due to the difficulty in obtaining agreements among multiple
states to the exact wording of a letter.
F. Identic note - is a letter delivered from a single state to multiple recipient states.
G. Bouts de papier - may be presented by a visiting official when meeting with an official from
another state at the conclusion of the meeting. Prepared in advance, it contains a short
summary of the main points addressed by the visiting official during the meeting and, firstly,
serves as a memory aid for the visiting official when speaking. It, secondly, removes
ambiguity about the subject of the meeting occasioned by verbal miscues by the visiting
official.
H. Démarches and aides-mémoire - Officially described as "a request or intercession with a
foreign official" it is a written request that is presented without attribution from the
composing state and is, therefore, delivered in-person.
12. Diplomatic courtesy requires that before a state appoints a new chief of diplomatic mission to
represent it in another state, it must be first ascertained whether the proposed appointee is
acceptable to the receiving state. The acquiescence of the receiving state is signified by its
granting its agrément to the appointment. It is unusual for an agrément to be refused, but it
occasionally happens.
13. A diplomatic bag is a bag or container in which mail is sent to and from foreign embassies.
Diplomatic bags are protected by law, so that they are not opened by anyone except the official or
embassy they are addressed to. A diplomatic bag, also known as a diplomatic pouch, is a
container with certain legal protections used for carrying official correspondence or other items
between a diplomatic mission and its home government or other diplomatic, consular, or
otherwise official entity. The most important point is that as long as it is externally marked to
show its status, the "bag" has diplomatic immunity from search or seizure, as codified in article
27 of the 1961 Vienna Convention on Diplomatic Relations. It may only contain articles intended
for official use. It is often escorted by a diplomatic courier, who is similarly immune from arrest
and detention.
14. A state visit is a formal visit by a head of state to a foreign country, at the invitation of the head of
state of that foreign country, with the latter also acting as the official host for the duration of the
state visit. Speaking for the host, it is generally called a state reception. State visits are considered
to be the highest expression of friendly bilateral relations between two sovereign states, and are in
general characterised by an emphasis on official public ceremonies.
15. Diplomatic correspondence is the art of communicating among states and putting into written
form important information, discussions or agreements essential to the conduct of foreign
relation. its purpose was to be able to dispense, as far as possible, with the long delays needed in
earlier times for referring problems back to higher authority. Their use at the present day is a
formal recognition of the necessity of absolute confidence in the authority and standing of the
negotiator.
Types:
Letters of credence - the letter closes with a phrase "asking that credit may be given to all that the
ambassador may say in the name of his sovereign or Government." They are worded carefully, as
the sending or acceptance of a letter implies diplomatic recognition of the other government.
Letters of recall – It is formal correspondence from one head-of-state notifying a second head-of-
state that he or she is recalling his state's ambassador.
Full powers - In cases where an envoy is entrusted with unusually extensive tasks that would not
be covered by an ordinary permanent legation (such as the negotiation of a special treaty or
convention, or representation at a diplomatic congress), an envoy may be given full
powers (pleins pouvoirs) "in letters patent signed by the head of the State" designing "either
limited or unlimited full powers, according to the requirements of the case."
Note verbale - is a formal form of note and is so named by originally representing a formal
record of information delivered orally. It is less formal than a note (also called a letter of protest)
but more formal than an aide-mémoire. A note verbale can also be referred to as a third person
note (TPN).
Notes verbale are written in the third person and printed on official letterhead; they are
typically sealed with an embosser or, in some cases, a stamp.
Collective note – It is a letter delivered from multiple states to a single recipient state. It is always
written in the third person. The collective note has been a rarely used form of diplomatic
communication due to the difficulty in obtaining agreements among multiple states to the exact
wording of a letter.
Identic note - is a letter delivered from a single state to multiple recipient states.
Bouts de papier - may be presented by a visiting official when meeting with an official from
another state at the conclusion of the meeting. Prepared in advance, it contains a short summary
of the main points addressed by the visiting official during the meeting and, firstly, serves as a
memory aid for the visiting official when speaking. It, secondly, removes ambiguity about the
subject of the meeting occasioned by verbal miscues by the visiting official.
Démarches and aides-mémoire - Officially described as "a request or intercession with a foreign
official" it is a written request that is presented without attribution from the composing state and
is, therefore, delivered in-person.
16. Communications with foreign governments and/or their diplomatic and consular representatives
may take the form of any of the following:
First person or Third person Note - A written communication from a minister of foreign affairs to
foreign diplomatic envoys or high foreign government officials and vice‐versa. It is the most
generally used form of correspondence between a sending state, the Philippine government and
the receiving state, a foreign government. The reply to an incoming note is in the same form as
the note it is answering.
Circular diplomatic note - Identical notes addressed to ʺTheir Excellencies and Messieurs the
Chief of Mission.ʺ It is not signed but initialed in the lower right‐hand corner of the last page of
text by a duly authorized signing officer.
Note diplomatique - A formal note between governments. It is understood to speak for and on
behalf of the government presented by its duly designated representative. It is signed, or initialed
in the lower right‐hand corner of the last page of text by a duly authorized signing officer.
Collective note - A very formal note addressed by the representatives of several states to a
government in regard to some matter in which they have been instructed to make a joint
representation. Generally referred to as a joint note, it involves close relations among the signing
states. It is seldom used because of the danger that the state or the states to whom it is addressed
may consider it offensive. It is signed, not merely initialed, by the representatives of the sending
states.
Identical notes - Notes identical in substance though not always in wording even as they are
drafted as similarly as possible. As a rule they are sent separately yet almost simultaneously by
the government of one state to the governments of two or more states, or by the governments of
two or more states to the government of one or more states.
17. Consules missi – Professional or career consuls who are nationals of the sending State and are
required to devote their full time to the discharge of their duties
Consules electi – May or may not be nationals of the sending State and perform their consular
functions only in addition to their regular callings
18. Absence of reciprocity in state-legal regulation of status of diplomats and consul deprives them of
obtaining benefit afforded by those whose country exercises reciprocity.
Consular Immunity
As to scope of building and premises: Consular premises includes the buildings or parts of
buildings and the land irrespective of ownership used exclusively for the purposes of consular
posts
As a witness before the court: May be called upon to attend as a witness; if declined, no
coercive measure or penalty may be applied
Differences in the privileges or immunities of diplomatic envoys and consular officers from the
civil and criminal jurisdiction of the receiving State
1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State.
He shall also enjoy immunity from its civil and administrative jurisdiction
XPNs: 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 purpose of the
mission; b. An action relating to succession in which the diplomatic agent is involved as
executor, administrator, heir or legatee as 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 of his official functions (Vienna Convention
of Diplomatic Relations, Art. 31).
2. A consular officer does not enjoy immunity from the criminal jurisdiction of the receiving
State and are not amenable to the jurisdiction of the judicial or administrative authorities of
the receiving State in respect of acts performed in the exercise of consular functions.
However, this does not apply in respect of a civil action either:
1. Arising out of a contract concluded by a consular officer in which he did not enter
expressly or impliedly
2. By a third party for damages arising from an accident in the receiving State caused by a
vehicle, vessel or aircraft
20. Diplomatic valise designates a means of transport used to exchange different objects under cover
of diplomatic immunity. 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. 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 person inviolability and shall
not be liable to any form of arrest or detention. The personal baggage of a diplomatic agent shall
be exempt from inspection, unless there are serious grounds for presuming that it contains articles
not covered by the exemptions mentioned in paragraph 1 of this article, or articles the import or
export of which is prohibited by the law or controlled by the quarantine regulations of the
receiving State. Such inspection shall be conducted only in the presence of the diplomatic agent
or of his authorized representative.
21. An embassy helps to preserve and protect the relationship between the host country and the
country represented by that particular embassy office. The embassy can be a point of contact, or
base of communication, between two countries. It also helps resolve conflicts, ease and observe
political tensions in the host country, or reach resolutions on issues as varied as trade tariffs
between the host country and the country of origin. Embassy can also assist travelers visiting the
host country in distress.
22. Diplomatic talk is the art and practice of conducting negotiations between representatives
of states. It usually refers to the conduct of international relations through the intercession of
professional diplomats with regard to a full range of topical issues. [1] Diplomacy entails
influencing the decisions and conduct of foreign governments and officials through dialogue,
negotiation, and other nonviolent means. The main functions of diplomats are: representation and
protection of the interests and nationals of the sending State; initiation and facilitation of strategic
agreements; treaties and conventions; promotion of information; trade and commerce;
technology; and friendly relations.
23. Consular service, organized body of public officers maintained by a government in the important
ports and trade centers of foreign countries to protect the persons and interests of its nationals and
to aid them in every possible way.
26. Non-state actors include organizations and individuals that are not affiliated with, directed by, or
funded through the government. These include corporations, private financial institutions, and
NGOs, as well as paramilitary and armed resistance groups. . In international relations, non-state
actors are individuals or groups that hold influence and which are wholly or partly independent of
a sovereign state or state.
27. Diplomatic corps is a collective body of foreign diplomats commissioned to a particular country.
Represent the home country in the host country, protect the interests of the home country and its
citizens in the host country. Negotiate with the government of the host country.
28. The process of a negotiation in diplomacy goes through five important stages that is preparation,
discussion, proposing, bargaining and settling process.
30. Diplomatic rank is a system of professional and social rank used in the world of diplomacy and
international relations. diplomatic rank is also sometimes conferred or breveted to non-diplomatic
staff temporarily assigned to serve at diplomatic missions in order to carry out economic
management tasks, or to other administrative or technical staff in so-called risk countries.
31. The legal basis is Article 2 and 3 of the Vienna Convention on Diplomatic Relations.
32. Multilateral diplomacy is defined as the practice of involving more than two nations or parties in
achieving diplomatic solutions to supranational problems.
33.
34.