NCJ Number
62500
Journal
WORLD TODAY Volume: 26 Issue: 9 Dated: (SEPTEMBER 1970) Pages: 359-362
Date Published
1970
Length
4 pages
Annotation
THE RESPONSIBILITY OF HOST COUNTRIES FOR THE PROTECTION OF FOREIGN DIPLOMATS IS EXAMINED WITH SPECIFIC DISCUSSION OF THE SEIZURE OF EMBASSY PERSONNEL BY TERRORISTS DESIRING THE RELEASE OF POLITICAL PRISONERS.
Abstract
IRONICALLY, WITHIN A FEW YEARS OF THE CODIFICATION OF THE DOCTRINE OF DIPLOMATIC IMMUNITY, AN UNPRECEDENTED SUCCESSION OF ATTACKS ON EMBASSIES AND DIPLOMATIC PERSONNEL HAS OCCURRED. KIDNAPPINGS OF DIPLOMATS IN GUATEMALA, BRAZIL, AND URUGUAY RAISE QUESTIONS OF THE REAL EXTENT OF THE RESPONSIBILITY OF GOVERNMENTS FOR THE PERSONAL SECURITY OF EMBASSY STAFF. ALTHOUGH HOST COUNTRIES MAY FEEL AN OBLIGATION TO RELEASE AS RANSOM FOR DIPLOMATS THOSE PRISONERS DETAINED ONLY FOR POLITICAL REASONS, MOST GOVERNMENTS HESITATE TO RELEASE CONVICTED CRIMINALS OR EXPOSE COOPERATIVE EXTERRORISTS TO THE REVENGE OF FORMER COLLEAGUES. NEVERTHELESS, DIPLOMATS ARE IDEAL TARGETS FOR DISSIDENTS DESIRING INTERNATIONAL PUBLICITY AND RETALIATION AGAINST THE HOST COUNTRY. THE EXTENT OF GOVERNMENT PROTECTION FOR POLITICAL PRISONERS WAS INDICATED BY U.S. GOVERNMENT SUPPORT FOR THE URUGUAYIAN REFUSAL TO RELEASE POLITICAL PRISONERS IN THE HOPES THAT SUCH A REFUSAL WOULD CAUSE THE ADANDONMENT OF KIDNAPPINGS IN THE FUTURE. THIRD COUNTRIES' COLLABORATION WITH KIDNAPPERS HAS OCCURRED THROUGH PROVISION OF SAFE CONDUCT FOR THE TERRORIST AND BY GRANTS OF POLITICAL ASYLUM. HOWEVER, TERRORISTS DO NOT MEET THE REQUIREMENTS OF NONCRIMINAL POLITICAL ACTIVITY WHICH TRADITIONALLY PROVIDED IMMUNITY FROM EXTRADITION. THE LIBERATION MOVEMENT IN LATIN AMERICA AND AFRICA HAS FORMED A SEPARATE BASIS FOR THE GRANTING OF POLITICAL ASYLUM WHICH PERMITS KIDNAPPERS TO ESCAPE TO SANCTUARIES, AND THIS CIRCUMSTANCE GREATLY COMPLICATES THE TASK OF DIPLOMATIC REPRESENTATION IN LATIN AMERICA FOR THE INDUSTRIALIZED COUNTRIES. FOOTNOTES ARE PROVIDED. (TWK)