Deplomatic Imunity
Chapter 1
Introduction
International law may be defined as that body of law which is composed for its greater part of the principles and rules of conduct which states feel themselves bound to observe, and therefore, do commonly observe in their relations with each other, and which includes also: a) the rules of law relating to the functioning of international institutions or organizations, their relations with each other, and their relations with states and individuals; and b) Certain rules of law relating to individuals and non-state entities so for as the rights or duties of such individuals and non-state entities are the concern of the international community.[1] Diplomatic law is an important part of international law. It is that area of international law that governs permanent and temporary diplomatic missions. A fundamental concept of diplomatic law is that of diplomatic immunity, which derives from state immunity.[2] Key elements of diplomatic law are the immunity of diplomatic staff, the inviolability of the diplomatic mission and its grounds, and the security of diplomatic correspondence and diplomatic bags. Famous cases involving the breaking of diplomatic laws includes the Iran hostage crisis in 1979, the shooting of a British police woman from the Libyan Embassy in London in 1984, and the discovery of a former Nigerian Minister in a diplomatic crate at Stansted airport in 1984. It is also an accepted principle of customary international law and is recognized between countries as a matter of practicality. Diplomatic law is often strictly adhered to by states because it works on reciprocity. For example, if you expel diplomats from a certain country, then your diplomats will most likely be expelled from this country. It is in this way that diplomatic relations between states, and government to government interaction, can prosper. For most of history diplomatic law has mostly been customary. However, early codifications of
Introduction
International law may be defined as that body of law which is composed for its greater part of the principles and rules of conduct which states feel themselves bound to observe, and therefore, do commonly observe in their relations with each other, and which includes also: a) the rules of law relating to the functioning of international institutions or organizations, their relations with each other, and their relations with states and individuals; and b) Certain rules of law relating to individuals and non-state entities so for as the rights or duties of such individuals and non-state entities are the concern of the international community.[1] Diplomatic law is an important part of international law. It is that area of international law that governs permanent and temporary diplomatic missions. A fundamental concept of diplomatic law is that of diplomatic immunity, which derives from state immunity.[2] Key elements of diplomatic law are the immunity of diplomatic staff, the inviolability of the diplomatic mission and its grounds, and the security of diplomatic correspondence and diplomatic bags. Famous cases involving the breaking of diplomatic laws includes the Iran hostage crisis in 1979, the shooting of a British police woman from the Libyan Embassy in London in 1984, and the discovery of a former Nigerian Minister in a diplomatic crate at Stansted airport in 1984. It is also an accepted principle of customary international law and is recognized between countries as a matter of practicality. Diplomatic law is often strictly adhered to by states because it works on reciprocity. For example, if you expel diplomats from a certain country, then your diplomats will most likely be expelled from this country. It is in this way that diplomatic relations between states, and government to government interaction, can prosper. For most of history diplomatic law has mostly been customary. However, early codifications of
References: There are some cases which deal with diplomatic immunity. Which are given below 5.1 Dikko Incident Case (1984)[45]