NCJ Number
107561
Date Published
1986
Length
24 pages
Annotation
This paper discusses difficulties inherent in dealing with breaches of the diplomatic code, particularly with grave crimes which are not defined in international conventions, and considers ways to tighten regulations to prevent terrorism.
Abstract
An analysis of current immunities, as codified in the 1961 Vienna Convention of Diplomatic Relations and the 1963 Vienna Convention on Consular Relations, focuses on four categories: immunities of persons, of premises, of communications, and of possessions such as archives, diplomatic bags, and personal baggage. The paper also examines Convention articles governing obligations of diplomats and the rights and powers of receiving states. The role the diplomatic mission might play in state-sponsored terrorist activities is described. The article explores two possible approaches to changing the two Vienna conventions: redrafting key Articles to increase the powers of receiving states in certain cases or to increase obligations on members of diplomatic and consular staffs to reduce their immunities in event of breach of such obligations. The author concludes that no attempt should be made to amend the Vienna conventions and proposes that more vigorous and much earlier use be made of the rights of receiving states under the present Convention. Excerpts from the Conventions are included.