Vande Matram!
These are some one-liner notes on Public International Law. Read them carefully and note them for your knowledge.
Short Q and A on Public International Law: Part 11
·
What is inviolability?
o
Article 29 of the Vienna convention 1961 provides for inviolability
which means,
§
Diplomatic agents will enjoy physical inviolability.
§
He will not be liable to any form of arrest or detention.
§
Honourable treatment will be given to him by taking or keeping
state and
§
every efforts shall be made to maintain his freedom and reputation
as intact.
·
What is persona non grata?
o
Article- 9 and 43 of Vienna convention 1961 provides that if behavior
and conduct of diplomatic agent is found to be objectionable and if charge is
imposed upon him of interference in internal affairs of keeping state, then he
may be declared as persona non grata. Such persona non grata is asked to leave
the state keeping it.
§
E.g. Indian diplomatic agent in Pakistan Rajesh Mittal was
tortured by officers of intelligence agency of Pakistan on 25th may 1992 and
with the result, India declared two Pakistani diplomatic agents in India as persona
non grata and was asked to leave India.
·
What is mean by immunity from civil and administrative
jurisdiction?
o
Principles of international law provides that diplomatic envoys
are immune from civil and administrative jurisdiction and hence
§
1)- no suit can be filed against diplomatic agent for recovery of
debt;
§
2)- he cannot be arrested in action for debt recovery;
§
3)- his property cannot be ceased and sold.
·
What is immunity from criminal jurisdiction?
o
Diplomatic envoys are having immunity from criminal jurisdiction
under Article 31 of Vienna convention 1961 which means,
§
the keeping state shall not prosecute and penalise any diplomatic
agent under any circumstance.
§
Even he cannot be arrested.
§
But it does not mean that he can behave as he likes in keeping
state.
·
It is his duty that he should obey all rules and laws of keeping
state and should not do such act which is inconsistent with the internal system
of keeping state.
·
If any misconduct is done by him, the keeping state may suspend
him and ask him to leave the country.
·
E.g. in 1995 the first secretary sultan Mahmood Dehader in Afghan embassy
was suspended by government of India in Delhi in consequence of criminal charge
and misconduct and was sent back to Afghanistan.
§
This immunity is not available to children and relatives of
diplomatic agents who are not residing with them.
·
Explain immunity regarding residence?
o
The residence of diplomatic envoys is having inviolability means
his house cannot be searched and local police do not have right to entre such
residence. If any offender is hidden in residence of diplomatic envoys then it
is duty of that envoy to surrender such person to the police.
·
Can diplomatic envoy give evidence in the court of keeping
country?
o
Yes diplomatic envoy can present himself in a court for giving
evidence on his own will but as per provisions of Article-31(2) of Vienna
convention, 1961 the country keeping such diplomatic envoy cannot made him to
give evidence in any domestic matter in any domestic Court.
·
Is it necessary for a diplomatic envoy to pay taxes and duties?
o
No, it not necessary for a diplomatic agent to pay taxes and
duties under provisions of Article 34 and 36 of Vienna convention, 1961 because
it provides immunity from payment of all types of taxes and duties.
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students, and professionals.
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