International Law

Diplomatic Envoys, Counsels, and Other Representatives

- Representatives of a State, working for negotiation, observation or protection of some
specific task
- Article 14 of the Vienna Convention on Diplomatic Relations, 1961 recognizes three
categories of diplomatic agents:
i. Ambassadors
ii. Envoys, Ministers
iii. Charge d’affaires
- Apart from the etiquette and precedence, there is no difference between the above
mentioned categories of the diplomatic agents

Functions of Diplomatic Agents

Article 3 of the Vienna Convention on Diplomatic Relations enumerates the following functions
of diplomatic agents:

1. Representation of their (sending) State in the receiving State

2. Protection of interests of their State
3. Negotiating with the government of the receiving State
4. Ascertainment of conditions and developments in the receiving States by lawful means
5. Promoting friendly relations between the sending and the receiving States

Basis of Immunities and Privileges of Diplomatic Agents

1. Theory of Extra-territoriality
- Diplomats enjoy immunity and privileges because they are outside the jurisdiction of the
receiving State
- Archaic theory
- Severely criticized by Prof. Oppenheim and Fenwick

2. Functional Theory
- The true basis of immunity and privileges enjoyed by the diplomats is the nature of
functions which these agents perform
- Absence of these privileges would hinder the performance of these functions
- All the privileges are for functional reasons

Immunities and Privileges of Diplomatic Agents

1. Inviolability of person of Envoys

2. Immunity from Criminal Jurisdiction of the Courts

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International Law

3. Immunity from Civil Jurisdiction

4. Immunity regarding residence
5. Immunity from being presented as a witness
6. Immunity from taxes, dues, etc.
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 the receiving State
11. Freedom of communication for official purpose
12. Immunity from local and Military obligations
13. Immunity from inspection of Personal baggage
14. Immunity from Social Security Provisions

Immunities of the Servants of Diplomatic Agents

- Certain immunities to those associated directly with the office of the ambassador
- Not as vast as that of the envoys but still extend to immunity from civil and criminal
jurisdiction
- The privileges and immunities are of the diplomatic representatives and if they waive
them, the immunities of their servants also come to an end

Waiving or Loss of Immunity

- If a diplomatic agent presents himself before a court of the receiving State, the
immunity is thereby waived and the agent can be tried
- Likewise, if a diplomatic agent makes himself available as a witness to some case, he
loses immunity then and there
- Also, same would be the case if an agent files a case in the court of the receiving State
- Article 32 of the Vienna Convention on Diplomatic Relations requires that waiver must
always be expressed
- A diplomatic agent may also be declared ‘persona non grata’ by the receiving State if
caught conspiring against the State or involved in any misconduct under international
law

Consuls

- Also representatives of their States, but not deemed diplomatic agents

- Treated to be far below the diplomatic envoys and ambassadors
- Look after the commercial and trade interests of their countries
- Classified under four categories:
i. Consul General

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International Law

ii. Consuls
iii. Vice-Consuls
iv. Consul Agents

Functions of Consuls

- Protect commercial interests of the States

- Supervise and look after the shipping
- Look after the interests of their citizens
- Other functions such as testifying signatures, marriage registration, birth and death
certification

Rights and Immunities of Consuls

- Conferred upon special immunities and privileges by bilateral treaties which allow them
immunity from jurisdiction of local courts
- Although they are way below diplomatic agents in status, through reciprocal treaties,
they enjoy almost the same privileges and immunities as diplomatic agents do

Termination of Diplomatic Mission

1. Recall of Envoy
2. Notification in regard to the end of Envoy’s functions
3. On the request of the receiving State
4. By delivery of passport
5. Declaration of Persona non grata
6. End of the object of mission
7. Expiration of letter of Credence

Other than these, a diplomatic mission may come to an end due to any of following reasons:

1. By death
2. Removal from post
3. Breaking of diplomatic relations
4. Constitutional changes
5. Revolutionary change of government
6. End of the work of mission by some conference
7. War
8. Change in the post of diplomatic agent

Muhammad Minhaj Mahdi

International Law

Special Missions of Permanent Nature

- Always appointed after consent given by the receiving state

- Convention on Special Missions, 1961
- Agents on these missions enjoy almost the same immunities and privileges as other
diplomatic agents do, except the following changes:
i. The functions of agents have to be in common interest of both States
ii. Prior consent of the receiving States is necessary
iii. Freedom to travel in only those areas which their functions warrant, not the
whole State
iv. Not deemed to be outside the civil or criminal jurisdiction of the local courts
v. Police rules also apply on agents of special missions

Muhammad Minhaj Mahdi