Who is the diplomatic envoy
1. Introduction:
Diplomatic agents are those persons who represent their respective state in another state by establishing the office of the embassy having established the rules of international law governing diplomatic relations are mostly contained in the legislative provisions and judicial decisions of national law. the law has now been codified in the Vienna Convention on Diplomatic Relations 1964.
2. Meaning of immunity:
Immunity means exemption, such as serving in an office or performing duties that the law generally requires other citizens to perform.
3. Classification of diplomatic agent:
According to the Vienna Convention of 1961 following are classifications of diplomatic agents.
(i) Ambassador and legates:
Ambassadors are the diplomat's agent of first degree. they are considered to be the personal representatives of the heads of their states and therefore they have special status.
(ii) Minister plenipotentiary internuncios and envoys extraordinary:
They are diplomatic agent of the second degree. they are not the personal representatives of the sovereigns or heads of their states. they have no audience as of right with a head of state personally and are addressed as "excellency" by courtesy only. they enjoy privileges and immunities.
(iii) Charged affairs:
They are diplomatic agent of the last degree. their appointment is made by the foreign minister and not by the head of the state.
4. Basis of immunities and privileges:
Two theories are relevant in this regard.
(i) Theory of extraterritoriality:
According to this theory, diplomatic agents enjoy immunities and privileges because they are deemed to be outside the jurisdiction of the state in which they are appointed.
(ii) Functional theory:
According to functional theory, diplomatic agents enjoy immunities and privileges because they perform special kinds of functions which are performed by them in the states where they are appointed.
5. Immunities and privileges of diplomatic agent:
According to the Vienna Convention 1961, the following are the immunities and privileges of the diplomatic agents.
(i) Inviolability of persons:
Diplomatic agents are inviolable. they shall not be liable to any form of arrest or detention.
(ii) Immunity regarding residence:
Another immunity regarding a diplomatic agent is regarding their residence. a permanent diplomatic mission needs premises from which to operate and the receiving state must help the sending state obtain premises for the mission.
(iii) Immunity from criminal jurisdiction of courts:
Diplomatic agents enjoy immunities from the criminal jurisdiction of the court. however, it is presumed that they will not violate the general principles of law of the state.
(iv) Immunity from civil jurisdiction:
Diplomatic agents enjoy immunities from the jurisdiction of civil courts.
(v) Immunity from being presented as witnesses:
A diplomatic agent can't be compelled to come to a court of law and give evidence in a case.
(vi) Immunity from taxes and dues:
Under international law, the diplomatic agent is immune from the payment of taxes, or real, national regional, and municipal except.
- (a) Indirect taxes.
- (b) Dues and taxes.
- (c) Estate, succession, or inheritance dues.
(vii) Immunity from inspection of personal Baggage:
The diplomatic agents have immunity from inspection of their baggage.
(viii) Control over subordinate and family:
Diplomatic agents have the right to exercise control and jurisdiction over their officers and families.
(ix) Right to worship:
Diplomatic agents are free to follow any religion.
(x) Right to travel:
Diplomatic agents can travel in the territory of the receiving state.
(xi) Freedom of communication:
Diplomatic agents have the freedom to communicate with their homeland in connection with their functions and duties.
(xii) Immunity from policy rules:
The diplomatic agents have immunity from the police rule of the state in which they are performing their functions and duties.
(xiii) Immunity from social security provisions:
The diplomatic agents are also immune from social security provisions in the state where they are appointed.
(xiv) Immunity from custom duty:
The diplomatic agents are immune from customs duty in the receiving state.
(xv) Immunity from local and military obligation:
The diplomatic agents are immune from the local and military obligations of the receiving state.
6. Main functions and duties of the diplomatic agents:
Following are the main functions and duties of diplomatic agents.
(i) Representation:
They represent the state in which they are sent and where they are accredited.
(ii) Protection:
Diplomatic agents protect the status of the sending state as well as its national and property in the receiving state.
(iii) Observation:
The diplomatic agents observe the happening and all those matters which are important for sending state.
(iv) Negotiation:
The diplomatic agents perform negotiation functions on behalf of the sending state.
(v) Communication:
The diplomatic agents communicate the outcome of the negotiation to the sending state. according to Oppenheim diplomatic agent is the mouthpiece of the head of his home state.
(vi) Promotion:
The diplomatic agent promotes the friendly relationship between the sending state and the receiving state.
7. Cases when the state can refuse to receive a diplomat:
A state can refuse to receive a diplomat in the following cases.
- (i) Where there is no particular mission.
- (ii) If the personality is nonacceptable. i. e persona-non-grata.
8. Persona-Non-Grata:
Persona Non-Grata is the position of a diplomatic agent when he loses the status of the diplomatic agent.
State which is entitled to declare persona non grata:
The receiving state is entitled to declare a diplomatic agent as Persona Non-Grata (undesirable person).
When the state can declare:
The receiving state can declare.
Before the arrival of the diplomatic agent in its territory.
After the arrival of the diplomatic agent in its territory.
Grounds for declaring persona non grata:
- If he is obnoxious to his character.
- Extremely hostile to the people and govt, of the receiving state.
- Involves in activities against the receiving state.
9. Conclusion:
To conclude it can be said that diplomatic agents are those persons who are residing in foreign countries as representatives of the states by whom they are dispatched. they play an important role in sending and receiving states. the Vienna Convention provides privileges and immunities to the diplomatic agents.