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separation of powers). Where the plea of diplomatic immunity is recognized and affirmedby the executive branch of the government, it is the duty of the courts to accept the claimof immunity upon appropriate suggestion by the principal law officer of the government(in this WHO case, the Sol. Gen.). In adherence to the settled principle that courts maynot exercise their jurisdiction by seizure and detention of property, as to embarrass theexecutive arm of the government in conducting foreign relations, it is accepted doctrinethat in such cases the judicial department of the government follows the action of thepolitical branch and will not embarrass the latter by assuming an antagonistic jurisdiction.
ICMC vs. Calleja:
This was a petition for certification election filed against ICMC and IRRI—internationalorganizations enjoying immunity. The exercise of jurisdiction of the Department of Labor would defeat the very purpose of immunity, which is to shield the affairs of internationalorganizations from political pressure or control by the host country and to ensure theunhampered performance of their functions.
Holy See v. Rosario, Jr.
:This was an action for annulment of sale of land against the Holy See. The defense of sovereign immunity was upheld. Where a diplomatic envoy is granted immunity from thecivil and administrative jurisdiction of the receiving state over any real action relating toprivate immovable property situated in the territory of the receiving state, which theenvoy holds on behalf of the sending state for the purposes of the mission, with all themore reason should immunity be recognized as regards the sovereign itself, which inthat case is the Holy See.
Lasco vs. United Nations
:UN Revolving Fund for Natural Resources Exploration was sued before the NLRC for illegal dismissal; SC again upheld the doctrine of diplomatic immunity invoked by theFund.
DFA v. NLRC
:This was an illegal dismissal case filed against the ADB. Pursuant to its Charter and theHeadquarters Agreement, the diplomatic immunity was recognized.
Petitioner asserts that he is entitled to the same diplomatic immunity and hecannot be prosecuted for acts allegedly done in the exercise of his official functions.
DEFINITION OF TERMS :
International Organization - the term generally used to describe an organizationset up by agreement between two or more states. Under contemporaryinternational law, such organizations are endowed with some degree of international legal personality such that they are capable of exercising specificrights, duties and powers. They are organized mainly as a means for conducting general international business in which the member states have aninterest.
International public officials - persons who, on the basis of an internationaltreaty constituting a particular international community, are appointed by thisinternational community, or by an organ of it, and are under its control toexercise, in a continuous way, functions in the interest of this particular international community, and who are subject to a particular personal status."
Specialized agencies - international organizations having functions in particular fields, such as posts, telecommunications, railways, canals, rivers, seatransport, civil aviation, meteorology, atomic energy, finance, trade, educationand culture, health and refugees.
NATURE AND DEGREE OF IMMUNITY VARY depending on who therecipient is as can be seen from a perusal of the immunitiesprovisions in various international conventions and agreements
DIFFERENCES BETWEEN DIPLOMATIC AND INTERNATIONALIMMUNITIES :
one of the recognized limitations of
is that members of thediplomatic staff of a mission may be appointed from among the nationals of thereceiving State only with the express consent of that State; apart from
1.Charter of the United Nations
Article 105 (1):
The Organization shall enjoy in the territory of each of its Members suchprivileges and immunities as are necessary for the fulfillment of its purposes.
Article 105 (2):
Representatives of the Members of the United Nations and officials of theOrganization shall similarly enjoy such privileges and immunities as are necessary for theindependent exercise of their functions in connection with the Organization.2.Convention on the Privileges and Immunities of the United Nations
The United Nations, its property and assets wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except insofar as in any particular case it has expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution.
Section 11 (a):
Representatives of Members to the principal and subsidiary organs of theUnited Nations . . shall . . . enjoy . . . immunity from personal arrest or detention and fromseizure of their personal baggage, and, in respect of words spoken or written and all acts doneby them in their capacity as representatives, immunity from legal process of every kind.
Privileges and immunities are accorded to the representatives of Members not for the personal benefit of the individuals themselves, but in order to safeguard the independentexercise of their functions in connection with the United Nations. Consequently, a Member notonly has the right but is under a duty to waive the immunity of its representative in any casewhere in the opinion of the Member the immunity would impede the course of justice, and itcan be waived without prejudice to the purpose for which the immunity is accorded.
Section 18 (a):
Officials of the United Nations shall be immune from legal process in respectof words spoken or written and all acts performed by them in their official capacity.
In addition to the immunities and privileges specified in Section 18, the Secretary-General and all Assistant Secretaries-General shall be accorded in respect of themselves,their spouses and minor children, the privileges and immunities, exemptions and facilitiesaccorded to diplomatic envoys, in accordance with international law.Section 20: Privileges and immunities are granted to officials in the interest of the UnitedNations and not for the personal benefit of the individuals themselves. The Secretary-Generalshall have the right and the duty to waive the immunity of any official in any case where, in hisopinion, the immunity would impede the course of justice and can be waived without prejudiceto the interests of the United Nations.
Experts . . . performing missions for the United Nations . . . shall be accorded: (a)immunity from personal arrest or detention and from seizure of their personal baggage; (b) inrespect of words spoken or written and acts done by them in the course of the performance of their mission, immunity from legal process of every kind.3.Vienna Convention on Diplomatic Relations
The person of a diplomatic agent shall be inviolable. He shall not be liable to anyform of arrest or detention. The receiving State shall treat him with due respect and shall takeall appropriate steps to prevent any attack on his person, freedom, or dignity.
Article 31 (1):
A diplomatic agent shall enjoy immunity from the criminal jurisdiction of thereceiving State. He shall also enjoy immunity from its civil and administrative jurisdiction,
Always will B