Diplomatic immunities are essential to facilitate communication between states. They are governed by the Vienna Convention on Diplomatic Relations (VCDR), 1961.
1. Kinds of Diplomatic Agents
Ambassadors, High Commissioners, Envoys, Ministers, and Chargés d'Affaires. Their appointment requires the consent of the receiving state (Agréement).
2. Core Diplomatic Privileges & Immunities
- Inviolability of the Mission (Article 22): The premises of the diplomatic mission are completely inviolable. Agents of the receiving state cannot enter without the permission of the Head of the Mission. (The receiving state must protect the mission from intrusion or damage).
- Inviolability of Archives & Documents (Article 24): Inviolability applies at all times and wherever they may be.
- Inviolability of the Person (Article 29): The person of a diplomatic agent is inviolable. They are not liable to any form of arrest or detention.
- Immunity from Jurisdiction (Article 31):
- Criminal Jurisdiction: Absolute immunity from the criminal courts of the receiving state. They cannot be prosecuted or arrested for any crime.
- Civil Jurisdiction: Immunity from civil suits, except in cases of private immovable property, succession, or professional/commercial activities carried on outside official functions.
- Exemption from Taxes (Article 34): Exempt from all dues and taxes, personal or real, national or municipal.
3. Persona Non Grata (Article 9)
The receiving state may at any time, without explaining its decision, notify the sending state that the head of the mission or any member of the diplomatic staff is Persona Non Grata (an unwelcome person). The sending state must recall the individual or terminate their functions.