Diplomats and diplomatic immunities

Diplomacy as a method of communication between various parties, including negotiations

between recognized agents of their states, is an ancient institution and international legal
provisions governing its manifestations are the result of centuries of state practice

Diplomatic Agents are the representatives of one state, working in area of another state, for the
propose of negotiations, observation and protection of same specific tasks

States must negotiate and consult with each other and with international organizations and in
order to do so need diplomatic staffs

Classification of diplomatic agents as per the congress of Vienna, 1815 into following
categories

 Ambassadors and legates

 Ministers plenipotentiary and Envoys extraordinary
 Charge d’affaires (ʃɑːʒeɪ daˈfɛ)
Some changes has been adopted in congress of Aix-La-Chappelle, 1818 – the fourth category

 Ministers Residents (but subsequently dropped in the Vienna Convention on Diplomatic

relations, 1961 under its article 14)
Other categories of diplomatic agents

 Diplomats on Special missions

 Representatives appointed in international organizations
a. Permanent representatives in international organization
b. Observers of non-members of international organization
c. Representatives attending conferences
Ambassadors and legates are the diplomatic agents of first category, representatives of
sovereign states and appointed as Ambassadors or Permanent Representatives of their
countries in UN whilst Legates are representatives appointed by Pope, also known as nuncios,
Ministers plenipotentiary and envoys extraordinary diplomatic agents belongs to second
category while Charge d’affaires are the agents of last category because they are not appointed
by the head of the state but by Foreign ministers of the states, however there is no difference
so far as their privileges and immunities are concerned.
Mediations and negotiations, observation of the events and incidents, protection of the fellow
citizens, rights and their property were they are appointed, look after the commercial and trade
interests of their country through economic, cultural and scientific relations are some of the
functions of diplomats
The special privileges and immunities related to diplomatic personnel of various kinds grew up
partly as a consequence of sovereign immunity and the independence and equality of states
but what is the basis of these immunities and privileges which are extended towards agents.

Theory of Extra-territoriality holds the idea of immunities and privileges enjoyed by the
diplomats because they are deemed to be outside the jurisdiction of the state where
appointed, this theory was greatly criticized by jurists and was discarded, while

Functional theory says, diplomatic agents are given certain immunities and privileges
because of the special functions which they perform, though it is necessary to have these rights
to perform without being handicapped in receiving state and these immunities are:
1. Inviolability of person of Envoys : Envoys is regarded as inviolable, must be protected
and not to be attacked, destroyed, harassed and can’t even arrested for debts and if
diplomatic agent is attacked and insulted, it is deemed to be an attack, insult of the state
whose representative s/he is. Article 29 of Vienna convention of the Diplomatic
relations, 1961: the receiving state shall treat him with respect and shall take all
appropriate steps to prevent an attack and to ensure freedom and dignity, however,
agent have a duty not to interfere in the internal affairs of that state, Moreover, these
rights also extends to the persons of the diplomatic office, their premises, archives,
papers, documents and correspondence, however any abuse from agents like
committing acts of violence, sabotage or espionage against receiving state will go
unnoticed and unpunished but some may resulted in the recall of such an offending
officials, in extreme cases when necessary to expel these agents states declare them
persona non-gratia.
2. Immunity from criminal jurisdiction of the courts : agents also enjoyed immunities from
criminal jurisdiction of the courts, it is generally believe that they’ll not violate the
provisions of law where appointed but it may also be noted that under some conditions
diplomatic agents may lose these immunities which is they may lose immunity if they
are guilty of conspiracy against the state.
3. Immunity from civil jurisdiction: Suits for the recovery of the debts or breach of
contract cannot be filed against diplomatic agent, however, there are three exceptions
a. A real action relating to the private immovable property situated in the
territory of the receiving state, unless s/he holds it on behalf of the sending
state for the purpose of the mission.
b. An action relating to succession in which the agent is involved as executor,
administrator, heir or legatee as a private person and not on behalf of the
sending state, and
c. an action relating to the professional or commercial activity exercised by the
diplomatic agent in the receiving state outside his official functions
4. Immunity regarding residence: Agent’s residences are regarded as inviolable.
 5. Immunity from being presented as witness: Agents enjoy this immunity and cannot be
compelled to come to the court and give the evidence in the case howsoever grave the
case may be but if agent personally waive his/her immunity, s/he will be deemed to be
within the jurisdiction of the court in that case.
6. Immunity from taxes, dues, etcetera: As per Articles 34 and 36 of Vienna convention of
the Diplomatic relations, 1961, agents are exempted from all dues and taxes, personal
or real, national, regional or municipal except indirect taxes, taxes on immovable
property, taxes on private income having its source in receiving state, however, the
receiving states permit entry and grant exemption from all customs duties, taxes and
related charges along with articles of personal and family use.
7. Immunity from Police rules
8. Right to worship
9. Right to exercise control and jurisdiction over their officers and families
10. Right to travel freely in the territory of receiving state
11. Freedom of communication for official purpose
12. Immunity from local and military obligation
13. Immunity from inspection of personal baggage
14. Immunity from social security provisions.
Diplomatic relations have traditionally been conducted through the ambassadors but with the
growth of trade and commercial intercourse the office of consul was established, consuls
certainly treated to be far less in the status than the diplomatic agent

Classification of consuls:
a. Consul-General is the first category of the consuls and is generally appointed in main
commercial cities and generally heads the consul office.
b. Consuls occupies second place and are appointed in small cities or they assist the work
of Consul-General
c. Vice Consuls are below the consuls and are appointed by the Consul-General
d. Consul Agents are the last category and are appointed by either Consul-General or
Consul
Functions of Consuls
a. Protect the commercial interest of the state
b. Supervise and look after the shipping.
c. Look after of their fellow citizens through assistance in the cases like getting passport,
immigration, testify signatures, registration of marriage, birth, death etc.

Termination of Diplomatic Mission:

a. Recall of the envoy
b. Notification in regard to the end of Envoy’s functions
c. On the request
d. By delivery of passport
e. Persona non-gratia
f. End of the object of mission
g. Expiration of the letter of credence
h. Others (death , removal from post, breaking of diplomatic relations, constitutional
changes, revolutionary changes in government, end of work, some conference, war and
change in the post of diplomatic agent)