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Diplomatic Intercourse, also referred to as the Right of Legation – is the right of the State to send and receive diplomatic missions, which enables States to carry on friendly intercourse.

A. AGENTS OF DIPLOMATIC INTERCOURSE

(1) HEAD OF STATE: REPRESENTS THE SOVEREIGNTY OF THE STATE, AND ENJOYS THE RIGHT TO SPECIAL PROTECTION FOR HIS PHYSICAL SAFETY AND THE PRESERVATION OF HIS HONOR AND REPUTATION. (2) FOREIGN OFFICE: BODY ENTRUSTED WITH THE

CONDUCT OF ACTUAL DAY-^TO-DAY FOREIGN AFFAIRS

(3) DIPLOMATIC CORPS: COLLECTIVITY OF ALL DIPLOMATIC ENVOYS ACCREDITED TO A STATE.

RE: DIPLOMATIC CORPS

COMPOSED OF:

(1) Head of Mission – classified into:

(a) Ambassadors or nuncios – accredited to Heads of State, and other heads of mission of equivalent rank;

(b) Envoys, Ministers and Internuncios – accredited to Heads of State;

(c) Charges d’affaires – accredited to Ministers of Foreign Affairs.

(2) Diplomatic Staff – those engaged in diplomatic activities and are accorded diplomatic rank.

(3) Administrative and Technical Staff – those employed in the administrative and technical service of the mission.

(5) Service Staff – those engaged in the domestic service of the mission [Nachura]

B. DIPLOMATIC IMMUNITIES AND PRIVILEGES

d. [N.B.ASKED 9 TIMES IN THE BAR]

B.1. PERSONAL INVIOLABILITY:

e. 2 ^ASPECTS:

(1) The duty of the receiving State to refrain from exercising its sovereign rights, in particular law enforcement rights against the diplomat;

and

(2) The duty to treat him with due respect and protect his person, freedom or dignity from physical interference by other persons.

 General rule: The diplomatic representative shall not be liable to any form of arrest or detention.

 Exception: The diplomatic envoy may be arrested temporarily in case of urgent danger, such as when he commits an act of violence which makes it necessary to put him under restraint for the purpose of preventing similar acts. [Diplomatic and Consular Staff in Tehran Case (ICJ, 1980)].

104 f.

B.2. INVIOLABILITY OF PREMISES AND ARCHIVES

g. 2 ELEMENTS:

(1) The duty of the receiving State to refrain from entering the premises, except with the consent of the head of the mission; and (2) The special duty of the receiving state to

protect the premises against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.

B.3. RIGHT OF OFFICIAL COMMUNICATION

The envoy is entitled to fully and freely communicate with his government.

(1) The receiving state shall permit and protect free communication on the part of the mission for all official purposes.

(2) The mission may employ all appropriate means to send and receive messages by any of the usual modes of communication or by diplomatic courier, which shall enjoy inviolability;

(3) The official correspondence of the mission is inviolable; and

(4) The diplomatic bag shall not be opened or detained. [Art. 27, VCDR]

B.4. IMMUNITY FROM LOCAL JURISDICTION

i. As to criminal jurisdiction

A diplomatic agent enjoys immunity from criminal jurisdiction of the receiving State. [Art.

31, VCDR] He may not be arrested, prosecuted, prosecuted or punished for any offense he may commit, unless his immunity is waived.

ii. As to civil and administrative jurisdiction The diplomatic agent also enjoys immunity from the civil and administrative jurisdiction of the receiving State, even with respect to his private life. [Art. 31, VCDR];

Exceptions:

(1) A real action relating to private immovable property situated in the territory of the receiving state, unless he holds it in behalf of the sending state for the purposes of the mission.

(2) An action relating to succession in which the diplomatic agent involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending state.

(3) An action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving state outside his official functions. [Art. 31(1), VCDR]

B.5. WHO ARE THE PERSONS ENTITLED TO IMMUNITY FROM JURISDICTION?

(1) Diplomatic agent

(2) Members of the family of the diplomatic agent forming part of his household, who are not nationals of the receiving State (3) As to criminal jurisdiction, members of the

administrative and technical staff of the diplomatic mission, as well as members of their families forming part of their respective households, who are not nationals of or permanent residents in the receiving state. But as to civil and administrative jurisdiction, immunity shall not extend to “acts performed outside the course of their duties’; and

(4) Members of the service staff of the diplomatic mission, who are not nationals of or permanent residents in the receiving state, with respect to ‘acts performed in the course of their duties’. [Art. 37, VCDR]

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B.6. DURATION OF IMMUNITIES AND PRIVILEGES

These privileges are enjoyed by the envoy from the moment he enters the territory of the receiving State, and shall cease when he leaves the country. With respect to official acts, immunity shall continue indefinitely.

Waiver of Immunities

Diplomatic privileges may be waived. Such waiver may be made only by the government of the sending State if it concerns the immunities of the head of the mission. In other cases, the waiver may be made either by the government or by the chief of the mission.

B.7. CONSULAR RELATIONS

Consuls are State agents residing abroad for various purposes but mainly:

(1) in the interest of commerce and navigation, (2) issuance of visa (permit to visit his country), and (3) such other functions as are designed to protect

nationals of the appointing State.

h. RANKS

(1) Consul General: heads several consular districts, or one exceptionally large consular district (2) Consul: in charge of a small district or town or

port

(3) Vice Consul: assists the consul

(4) Consular agent: one entrusted with the performance of certain functions by the consul

i.

B.8. CONSULAR IMMUNITIES AND PRIVILEGES

(1) Freedom of communication;

(2) Inviolability of archives;

(3) Inviolability of premises;

(4) Personal inviolability of consular officials;

(5) Immunity from local jurisdiction i. Scope of Personal Inviolability

(1) They are not liable to arrest or detention pending trial, except in case of a grave crime and pursuant to a decision of a competent judicial authority.

(2) They shall not be committed to prison nor be subject to any other form of restriction to personal freedom, except in the case of grave crime pursuant to a decision of competent judicial authority, or in the execution of a final judicial decision. [Sec. 41, VCCR]

ii. Scope of Immunity from Local Jurisdiction General rule: Consular officers and employees are entitled to immunity from the jurisdiction of administrative and judicial authorities in the receiving state.

Exceptions: This immunity shall not apply to a civil action either:

(1) Arising out of a contract by a consular officer or employee, which he did not conclude expressly or impliedly as an agent of the sending state; or

(2) By a third party for damage arising from an accident caused by vehicle, vessel or aircraft in the receiving state. [VCCR, art. 43]

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