Diplomatic and consular law: Difference between revisions
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! scope="col" style="background-color:#ffffaa;" | Inviolability of documents and archives of diplomatic missions and consular posts
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|[[File:Maki-embassy-15.svg|left|frameless|200x200px]]Diplomatic and consular law protects the inviolability of documents and archives of diplomatic missions and consular posts.<ref>Art. 24 [http://legal.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf VCDR]; Art. 33 [http://legal.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf VCCR].</ref> This includes any official correspondence, whether in electronic or paper form.<ref>[https://doi.org/10.1017/9781316822524 Tallinn Manual 2.0], commentary to rule 41, para 3. </ref> The international legal obligation to respect inviolability is unaffected by the frequent practice of States to conduct cyber espionage operations that violate this duty. This is because any such practice is regularly condemned by the victim States, whereas the offending States refrain from putting forward any corresponding legal justification of such operations.<ref>[https://doi.org/10.1017/9781316822524 Tallinn Manual 2.0], commentary to rule 41, para. 11.</ref>
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Revision as of 20:34, 26 November 2018
Overview
The Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations are considered to be broadly reflective of customary international law.[1] Therefore, even if a State had not ratified these Conventions, the rules analysed below would still apply to its diplomatic and consular relations.
Inviolability of documents and archives of diplomatic missions and consular posts
Inviolability of documents and archives of diplomatic missions and consular posts |
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Premises of the mission
Premises of the mission |
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Persona non grata
Persona non grata |
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The declaration as persona non grata is a specific remedy under the VCDR.[13] However, this remedy is not the only one available; if the sending State's operation amounts to an internationally wrongful act, the receiving State could possibly invoke countermeasures in its response.[14] |
Appendixes
See also
Notes and references
- ↑ See, for example, J Wouters, S Duquet, and K Meuwissen, “The Vienna Conventions on Diplomatic and Consular Relations” in AF Cooper, J Heine, and R Thakur (eds), The Oxford Handbook of Modern Diplomacy (OUP 2013) 510 (noting that VCDR’s and VCCR’s main provisions have acquired customary status); ICJ, United States Diplomatic and Consular Staff in Tehran [1980] ICJ Rep 3, 31–32 [62] (noting that the relevant obligations under the two treaties are “also obligations under general international law”).
- ↑ Art. 24 VCDR; Art. 33 VCCR.
- ↑ Tallinn Manual 2.0, commentary to rule 41, para 3.
- ↑ Tallinn Manual 2.0, commentary to rule 41, para. 11.
- ↑ Art. 41 (1) VCDR.
- ↑ Art. 41 (3) VCDR.
- ↑ Art. 31 (1) (d) VCDR.
- ↑ See, eg, UK, Official Secrets Act 1911, s. 1; US, 18 USC §792–799.
- ↑ Cf. D Pun, ‘Rethinking Espionage in the Modern Era’ (2017) 18 Chicago JIL 353, 368; see also ICJ, United States Diplomatic and Consular Staff in Tehran [1980] ICJ Rep 3, 39–40 [84]–[85] (describing espionage as an abuse of diplomatic functions under the VCDR).
- ↑ Art. 31 (1) VCDR.
- ↑ Art. 9 (1) VCDR.
- ↑ J D’Aspremont, ‘Persona Non Grata’, in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (OUP 2008) (updated January 2009): “Given that the reasons need not be given by the receiving State when declaring a diplomatic or consular agent of the sending State persona non grata, the declaration of a diplomatic agent as persona non grata is utterly discretionary. The receiving State may thus make use of it for various reasons, whether for the behaviour of the agent himself or due to the actions of the sending State.”
- ↑ United States Diplomatic and Consular Staff in Tehran, United States v Iran, Judgment, ICGJ 124 (ICJ 1980), 24 May 1980, paragraph 85.
- ↑ J D’Aspremont, ‘Persona Non Grata’, in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (OUP 2008) (updated January 2009), para. 16.