Personal Inviolability of Members of Diplomatic Missions: Current Issues of International Law

Аннотация

The establishment of diplomatic relations between states, among other mutual obligations of the parties, is based on the duty of the receiving state to provide appropriate conditions for the efficient performance of the functions of diplomatic mission. To this end, the authorities of the receiving state undertake to ensure respect for the full range of diplomatic immunities and privileges provided both in relation to the mission itself and in relation to diplomatic agents and members of their families. The members of the diplomatic mission, in turn, undertake not to abuse the special legal status in the receiving state and not to take actions that entail interference in the internal affairs of the receiving state, undermining the security of the latter and going beyond the official actions of the diplomatic mission. However, diplomatic practice is replete with examples of massive violations of diplomatic immunities and privileges, both by the authorities of the receiving state and third parties, and by the carriers of these immunities and privileges themselves. A special place among these violations is given to the violation of the personal inviolability of diplomatic agents. The present article examines the legal nature of the immunity of personal inviolability, violations of this immunity and the measures taken by states to provide full protection to members of a diplomatic mission and their families.

In the course of the study, international treaties applicable to the institution of diplomatic immunities and privileges were used, including: the Havana Conventions of 1928, the Vienna Convention on Diplomatic Relations of 1961, the Vienna Convention on Consular Relations of 1963, the Convention on Special Missions of 1969, the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents of 1973, the Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character of 1975, as well as scientific works on diplomatic and consular law by Russian and international experts, and judgments concerning violations of diplomatic immunities and privileges.

The methodological basis of the research was formed by the following general scientific techniques: analysis, synthesis, induction, deduction, comparison, classification, systematization, forecasting. Such specific scientific methods as formal legal and comparative legal methods were also applied.

The article provides a comprehensive analysis of the practice of granting and observing diplomatic immunities and privileges, based on the provisions of international treaties and acts of national law of some states. Particular attention is paid to cases of violation of diplomatic immunities and privileges and measures taken by states to prevent similar violations in the future.

According to the results of the research, it can be argued that there is a very dangerous tendency in the use of diplomatic immunities and privileges as a weapon of influence on states. It is necessary to develop new measures to ensure full protection of foreign bodies of external relations and their members, strengthen domestic control over the observance of the legal status, immunities and privileges of these bodies and their members, and strengthen cooperation between states to counter acts of violation directed against internationally protected persons.