POLITICAL LAW COMMITTEE
Lady Jay Gutierrez
Juan Paulo Abello,
Nicolas Tristan Hinayon,Vanessa Alogoc, Mignon Chrix Cu, Mary Dian Grace Binuya, Jean Paul Dato, Danna Buenaventura, RosynAlvaran, Jaynee Dialola
RECOLETOS DE MANILA SCHOOL OF LAW
CENTRALIZED BAR OPERATIONS 2006
PUBLIC AND INTERNATIONAL LAW
Diplomatic immunity and Privileges:General rule:State has Sovereignty and jurisdiction over all personswithin its territoryException:
Representatives or agents of another state enjoy immunity in the hoststate.
Ambassadors, diplomats, heads of mission, their families, members of the diplomatic staff and members of the household staff enjoy certainimmunities from judicial proceedings.
Residence of the ambassador and the diplomatic bag/pouch is immunefrom inspection by authorities in the host state.
Crime in case a diplomat commits a crime, he cannot be prosecuted bythe host state, but he can be declared persona non grata and thesending state can recall his mission in the host state.Application: Only in the performance of official functions, such that in case acrime is committed by the diplomat while he is on vacation, he will not enjoyimmunity for such act.Criminal jurisdiction: Diplomatic agent is immune.Civil and administrative: Diplomatic agent is also immune except:
Real action relating to private immovable property situated in theterritory of the receiving state, unless he holds it in behalf of thesending state for the purpose of the mission.
An action relating to succession in which the diplomatic agent isinvoked as executor, administrator, heir or legatee as a private personand not on behalf of the sending state.
An action relating to any professional or commercial activity exercisedby the diplomatic agent in the receiving state outside his officialfunctions.Belligerency
The status of parties legally at war ( e.i. between nations or if in civilwar, government treats other as sovereign power)Effects of belligerency: relations of warring parties determined by laws of war, granting of belligerency rights. Neutral nations abstain from takingsides.