![]() The most common response when foreign diplomatic and consular officials act inappropriately is to declare those officials persona non grata and to expel them from the country, if diplomatic parlance fails. The convention splits the functions of diplomatic agents into six categories: Representing the sending state protecting the sending state’s nationals within the receiving state negotiating with the receiving state notifying the sending state of conditions and developments within the receiving state promoting friendly relations between the two states and developing economic, cultural, and scientific relations between the two states ( Denza 2008). The Vienna Convention on Diplomatic Relations ( 1961) contains the most widely accepted description of the international law on diplomacy. ![]() 95), the Vienna Convention on Diplomatic Relations was concluded, in which this subject was further extended ( Denza 2008). In 1815, at the Vienna Congress, some common understanding was reached on this subject among states. The concept of diplomatic agents residing in another country dates back to the 15th century ( Denza 2008), but the role of diplomats has evolved with the passage of time, where two friendly states exchange diplomats (i.e., it is the right of a state to receive and send diplomatic envoys to another state). The rights, duties, and privileges of diplomatic envoys have continued to develop over the centuries. A fundamental concept of diplomatic law is that of diplomatic immunity, which derives from state immunity. In addition, to enjoy such immunity and privileges, diplomatic officers also enjoy a principle of inviolability, which means that they are inviolable by the state apparatus of the receiving state ( Ott 1987). They enjoy immunities and have been granted privileges. We analyze several past cases of declaration of persona non grata involving various countries.Ī diplomatic representative is a symbol of the bilateral relationship between two states. This paper addresses the problem of abuse of immunities and privileges and its adverse implications on the balance between immunities and the duty to respect the local laws and regulations. In recent times, unfortunately, there has been a growing tendency amongst diplomats to abuse their diplomatic status, in order to commit acts prohibited by law and claim immunity from the legal process. ![]() If not recalled, the receiving state “may refuse to recognize the person concerned as a member of the mission.” However, despite the codification of the above rules, which is largely based on pre-existing customary international law, the opportunity for diplomatic protection is not free of issues and controversies. A person so declared is considered unacceptable and is usually recalled to his or her home nation. Under Article 9 of the Vienna Convention on Diplomatic Relations, a receiving state may “at any time and without having to explain its decision” declare any member of a diplomatic staff persona non grata. ![]()
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