DIPLOMATIC IMMUNITY

Extending specific rights to representations of the other countries in the period of peace and
war has long been awarded to facilitate the international relations.

Vienna convention on the diplomatic relations, 1961

One of the most successful multilateral treaty, Lewis (1985) had noted that the Vienna
convention is regarded as embodying binding international legal rules on the intercourse
between states. Professor Denza has also accepted that even at the time of convention those
principles which were marked as progressive development of customs are settled now.

RELEVANT PROVISIONS OF THE CONVENTION:

Article 29 : Inviolability of the diplomatic agent

Article 37(1): The members of the family of a diplomatic agent forming part of his household
shall, enjoy the privileges and immunities specified in Articles 29 to 36.

Article 39(1): Every person entitled to privileges and immunities shall enjoy them from the
moment he enters the territory of the receiving State on proceeding to take up his post or, if
already in its territory, from the moment when his appointment is notified to the Ministry for
Foreign Affairs or such other ministry as may be agreed. (R v. Bagga)1

AS TO WHETHER ONE CAN BE AWARDED DIPLOMATIC IMMUNITY AFTER

TRIALS HAD BEEN STARTED AGAINST HIM

 The court has to be determine the issue of immunity on the facts at the date when this
issue comes before it and not on the facts at the time when an event gave rise to the
claim of immunity or at the time when proceedings were began. This means if a
diplomatic agent becomes in the eyes of court entitled to immunity he may raise it as
a bar to both proceeding relating to prior events (that occurred before he become a
diplomat and entitled to immunity) and proceeding already instituted against him. The
diplomatic agent is also immune from any measure of execution and he can raise his
immunity from execution to bar any form of enforcement of a conviction or
judgement against him.2

 If legal proceeding have already been begun when the entitlement to immunity arises,
the immunity may be raised as a bar to their continuing. This may occasionally cause
difficulty for the receiving state if it is notified of the appointment as a diplomatic
agent of a person against whom criminal proceedings are pending, or if it suspects
that the appointment may have been engineered in order to obstruct pending civil
proceeding. 3

1
(1991) 1 ALL ER 777
2
Rene Vark,(2003) Personal inviolability and diplomatic immunity in respect of serious crimes, international
institute of law, Tartu.
3
Satow’s Diplomatic practices (2011), 6th edition, Oxford university press.
HOW A STATE SIGNATORY OF A TREATY IS BOUND BY THE OBLIGATIONS OF
TREATY.

 A simple signature nevertheless may trigger some legal obligations, stemming either from the
VCLT or customary international law. 4

 Article 18 of the VCLT provide that after a state has signed a treaty it is obliged to refrain
from acts which will defeat the object and purpose of the treaty until it shall have made an
intention clear not to become a party to the treaty. 5

 It is not clear to what extent this provision reflects customary international law. Some
commentators contend that atleast at the time it was included in the VCLT it reflected
progressive development rather than established state practice. 6

 The VCLT has now been in force for many years and has been ratified by over 110 country
and even some countries that are not party to it appear to accept the obligation recited under
article 18 is now a matter of customary international law. 7

Diplomatic Immunity of Ms. Aria Dark, and separately Mr. Andrew Dark, who was, immediately after
his arrest (for the very first time), named as an “Official Advisor to Ms. Aria Dark”, as also of the
aircraft Walhala One.

4
Sometimes treaties will specify obligations that apply in the ingerim between signature and ratification. J S
Charme, “the interim obligation of Article 18 of the Vienna convention on the law of treaty: making sense of
enigma (1991) 25 GEOWASHJ INTL. I and Econ 71,78-9
5
VCLT Art 18(a), under art 18(b) a state that helps express its consent to be bound by a treaty is obliged to
refrain from the object and purpose of the treaty until it shall have made an intention clear not to become a
party to the treaty……pending the entry into force of the treaty and provided that such entry into force is
unduly delayed.
6
S Rosenne, development in law of treaties (1945-1948) CUP Cambridge
7
C A Bradley, Unratified treaties, domestic policies