I.

INTRODUCTION

The existence of mankind at a reasonable level of civilization is practically impossible without

peace, trade and social relations between nation-states and these things depend upon diplomacy,

upon the representation of states and the adjustments of their contacts. This is because, according

to Adams Smith in his study of International Comparative Advantage, different nations of the

world are endowed differently with different potentials and these endowed potentials can only be

gained and be made possible, to a great extent, through the political instruments of diplomacy.

II. CONCEPTUAL ISSUES

 Diplomacy

Sir Earnest Satow asserts that:

Diplomacy is the application of intelligence and tact to the

conduct of official relations between the governments of

independent state, extending sometimes also to their

relations with vassal states; or briefly still, the conduct of

business between states by peaceful means (Satow,

1962:1).

In its simplest sense, diplomacy comprises any means by which states establish or maintain

mutual relations, communicate with each other, or carry out political or legal transactions, in

each case through their authorized agents. Diplomacy may thus exist between states in a state of

war or armed conflict with each other, but the concept relates to communication friendly or

hostile, rather than the material forms of economic or military conflict.

  Diplomats and Diplomatic Mission

The function of diplomacy is instrumented by a diplomat. Diplomats try to help their own

country, encourage cooperation between nations, and maintain peace. Principally, they act as a

link between the country that dispatch them, and by whom they are accredited, and they perform

the act of diplomacy, which in International Law means by which the States maintain or establish

mutual relations and carry out their legal or political transactions based on their foreign policies.

A group of diplomats representing one country that lives in another country is called

a diplomatic mission. A permanent diplomatic mission is called an embassy. An ambassador is

the lead diplomat at an embassy. A large diplomatic mission may have representation besides a

single embassy. Other places of representation are called consulates.

III. EFFICIENCY OF DIPLOMATS

When a new diplomat is accommodated in a nation as a representative of another nation, the

individual representing the sovereignty of the nation i.e. the head of the state allocates certain

privileges and exemptions to the said diplomat so that he can dispense his duties in an effective

manner on the basis of the tacit understanding that such duties are undertaken on a quid pro quo

basis. That a State rules over all persons and things within its territory constitute one of the basic

principles of international law. However, states have over time accepted limitations upon their

jurisdiction to give room for foreign nationals to operate within its territory uncurtailed. One of

these limitations is the special legal status of diplomatic representatives codified in International

Law as diplomats’ right, privileges and immunities.

IV. DIPLOMATIC IMMUNITY

Diplomatic immunity is based on a rule of international law that protects foreign government

officials from any type of prosecution or legal action by the courts or any governing authorities

in the host country. It was created with the specific intention of ensuring that foreign officials

could effectively represent the interests of their country and do their jobs without fear of

impunity. Diplomatic relations between countries is now a central element in international

relations and diplomatic agents of international relations. Acting in favor of their states’ interests

is a fundamental brick in building a peaceful internationalized world. Diplomatic immunity

subsequently emerged as a well-established exception to that general international law principle

of territorial jurisdiction which bestowed on a state exclusive reign within its boundaries.

In the United States, several levels of immunity are granted: the higher the rank, the greater the

immunity diplomatic agents and their immediate families have the most protection and are

immune from criminal prosecution and civil lawsuits. The lowest level of protection is granted to

embassy and consular employees, who receive immunity only for acts that are part of their

official duties—for example, they cannot be forced to testify in court about the actions of the

people they work with.

The law on diplomatic immunities is to be found in the Vienna Convention on Diplomatic

Relations of 1961. The Convention was the outcome of a UN Conference on Diplomatic

Intercourse and Immunities 1961 and was based on a series of Draft Articles prepared by the

International Law Commission (ILC).

  Vienna Convention

Diplomatic Immunity was codified by the Vienna Convention on Diplomatic Relations in 1961

and the Vienna Convention on Consular Relations in 1963. The Vienna conventions are

responsible for the concept of diplomatic immunity and the current consular and diplomatic

practices among countries worldwide. More than 160 countries are bound by the principles of the

conventions and provide immunity to foreign government officials based on their consular

position or diplomatic mission in the host country.

 Provisions & Functions

The primary function of diplomatic immunity is to protect diplomatic communication channels

so that information between governing officials remains confidential and classified information

is not divulged to the public. Likewise, the provisions made by the principles of diplomatic

immunity give foreign delegates the freedom to function in their role as representatives of their

respective territories. Moreover, the ideal of reciprocity ensures that there is equality in the

benefits of diplomatic immunity for ambassadors and foreign officials in any part of world.

These provisions ensure that diplomatic officials and members of their immediate family cannot

be detained or arrested, prosecuted, subpoenaed or have their residences searched.

 Pros

The pros of diplomatic immunity are exclusively centered on the protections given to

ambassadors and foreign government officials in the host country. They enjoy the freedom of

engaging in official or unofficial activities without coming under any scrutiny, and this ensures

that they can perform their diplomatic duties without fear of oppression or reprisal from any

entities in the host country. Another benefit of diplomatic immunity is that it gives diplomats the
ability to speak freely and address dissenting factions in the country and make negotiations with

leaders as well as with people who may be considered political dissidents in the country.

 Cons

The cons of diplomatic immunity are derived from the very principles that make immunity an

advantage to foreign delegates in a host nation and a disadvantage to others. When diplomats or

government officials abuse their authority and misuse their diplomatic immunity, it becomes a

contentious issue. Quite often foreign officials with diplomatic immunity do not pay for basic

services in a host country. This results in unpaid debts for rent, child care and even health care.

Businesses have difficulty in filing civil suits against diplomats for unpaid services such as rental

of office space. They can also commit traffic violations, smuggle prohibited items and engage in

other criminal offenses in a host country without being prosecuted or even questioned by local

authorities because of the protections provided under diplomatic immunity.

V. RATIONALE FOR THE DIPLOMATIC AND CONSULAR IMMUNITY

It is generally understood that the source of the law on diplomatic immunity is the Vienna

Convention on Diplomatic Immunity (VCDR), and the immunities of consular officers is the

Vienna Convention on Consular Immunity (VCCR). As set out in both the VCDR and the

VCCR, the fundamental basis for the immunities is functionalism. The traditional view is that

without these immunities, diplomats could not function in their jobs.

At the heart of the matter, is the notion that if diplomats do not have the immunities, they will

not be able to do their jobs properly. This is because, the diplomat needs protection for state

wrongful acts or acts that are primarily politically motivated. In other words, the diplomat, being

the representative of the sending state, may be caught in the middle of a dispute between the
receiving and sending states and used as a pawn. Without the diplomatic immunity, they

would live and work in fear that they will be arrested for political reasons. 

The protective intent of the immunity notwithstanding, diplomatic immunity is not to give

license to diplomats to commit crimes with impunity (and immunity), but to protect them from

being charged with crimes for purely political reasons. Thus, it is important to view them in this

manner, and then consider whether countries that are high on the ‘Rule of Law’ list, such as

Scandinavian countries, would actually engage in such political actions against diplomats.

The second basis for the diplomatic immunity is representation. The diplomat represents the host

state and since host states have immunity based on concepts of sovereignty, as does their heads

of state and other high ranking ministers of that government, their representatives are entitled to

a similar immunity. However, this immunity is being diminished substantially by actions of

many Western states that have passed legislation targeting government officials who engage in

bribery demands or human rights abuses. The legislation does not exempt heads of state or senior

government officials.

 Privileges under diplomatic immunity

1. Diplomatic immunity prohibits a search of a diplomatic premise by the legal authorities

of the host country. Parallely diplomatic immunity also forecloses any forcible attempt of

the legal authorities of interrogation of an individual under the umbrella of the said

immunity.

2. Diplomats are exempted from prosecution for petty crimes such as breaking a speed limit

or theft as per the norms of the Vienna convention.

 3. Other than criminal offences, diplomatic immunity also grants exoneration from civil

lawsuits which may arise from an overdrawn bank account, distortions in contractual

papers or refusal to pay loans or debts.

4. Officials under diplomatic immunity are completely exempted from tax procedures which

include investments, services and other issues, which may come under the realm of

government taxation.

VI. RATIONALE FOR THE ESTABLISHMENT OF DIPLOMATIC RELATIONS:

THE NIGERIAN EXPERIENCE

The Nigerian diplomatic service was established by the Tafawa Balewa-led federal government

in 1957, three years before Nigeria’s independence, to prepare the nation for its foreign

representation after independence. (Orjiako, 2010).

One major rationale for Nigeria’s establishment of diplomatic relations with other countries of

the world was, and still is, the great importance the government attaches to maintaining friendly

relations with other independent countries of the world. This is hinged on the belief that

diplomacy facilitates communication and regular interaction between the leaders of states and

other entities in world politics. As such, establishing diplomatic relations with other countries

was seen as an important tool for minimizing friction in interstate relations; promoting the

security of states; and establishing some form of international order (Kawonishe, 2003)

Another major reason that probably accounts for Nigeria’s establishment of diplomatic missions,

even right from independence, is the perceived need to use diplomatic exchanges as instruments

of administrative and economic cooperation with other states. This probably explains why

attention was given to establishing missions in contiguous states and in states within the African
and West African sub-region in order to support positive and cooperative efforts for

development.

Furthermore, the rapid expansion of Nigeria’s overseas representation may also be regarded as a

reflection of Nigeria’s global, political and economic interests as defined by Alhaji Sir Abubakar

Tafawa Balewa, Nigeria’s first Prime Minister (Idang, 1973:112).

VII. CONCLUSION

Diplomacy is essential to maintain international relation between two nations and for that the

diplomats play an indispensible role. Diplomatic immunity is, therefore, necessary for the

smooth delivery of the duties of the diplomats, and to grant them impunity from coercion, unjust

pressurization and marginalization by the host nation. In the Nigeria’s experience, the Nigerian

government has taken pro-active actions at empowering the overseas missions; apart from

ensuring that the missions are staffed with competent hands, the training programme for

diplomats have been reviewed to give them the necessary knowledge to practice the art and

science of diplomacy because they are at the front line of her foreign policy implementation.

Simply put, if one nation can castigate the diplomats of another nation, then the reverse also

holds good. Under such circumstances, diplomats would become mere pawns and diplomacy will

be impossible.
 REFERENCES

Idang, G. J. (1973). Nigeria: Internal Politics and Foreign Policy, 1960-1966. Ibadan: Ibadan

University Press.

Kawonishe, D. (2003). Salvaging Nigerian Missions from Financial Crisis. African Journal of

International Affairs and Development, .8 (1).

McCalman, Allison. (2022, February 27). What Are the Pros & Cons of Diplomatic Immunity?.

legalbeagle.com. Retrieved from https://legalbeagle.com/8262415-pros-cons-

diplomatic-immunity.html

Orjiako, U. H. (2010). The Ministry of Foreign Affairs and Nigeria’s International Relations in

an Evolving Global Environment: Prospects and Challenges in Eze, Osita C (Ed.)

Beyond Fifty Years of Nigeria’s Foreign Policy: Issues, Challenges and Prospects.

Lagos: Nigerian Institute of International Affairs.

Satow, E. (1962). Satow's Guide to Diplomatic Practice, Longman, 1979.

UKEssays. (November 2018). The Role of Diplomat and Functions. Retrieved from

https://www.ukessays.com/essays/international-studies/the-role-of-diplomat-and

functions.php?vref=1

Vienna Convention on the Diplomatic Relation, Art. 28, 1961.

Vienna Convention on the Diplomatic Relation, Art. 35, 1961.