How Diplomatic agent are protected under international law?
Today, the issues related to the diplomatic agent governs under Vienna convention on Diplomatic Relations on 18 April 1961.
This modern world, all states are represented in foreign states by diplomatic representatives. These diplomatic representatives perform useful functions in the host states. They provide permanent presence in the host states, pursue friendly relations between their states and host states, promote the various interests of their states
According to the Vienna convention on Diplomatic Relations, A “diplomatic agent” is the head of the mission or a member of the diplomatic staff of the mission;
What are the privileges and immunities of a Diplomatic Agent
As granted by Vienna convention on Diplomatic Relations (VCDR), the Diplomatic agent enjoys certain privileges and immunities from the jurisdiction of receiving state from the moment he enters the territory of the receiving State on proceeding to take up his post or, if already in its territory, from the moment when his appointment is notified to the Ministry for Foreign Affairs. He also enjoys such privileges and immunities when passes through or is in the territory of a third State on proceeding to take up or to return to his post of when returning to his own country.
The most important privileges and immunities granted to a diplomatic agent are:
1. Immunity from the criminal jurisdictionof the receiving state.
2. Immunityfrom the civil and administrative jurisdiction of the receiving state,except in thecase of:
a) a real action related to private immovable property situated in the territory of the receiving state, unless he holds it on behalf of the sending State for the purpose of the mission.
b) an action related to succession in which he is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;
c) an action related to any professional or commercial activity exercised by him in the receiving State outside his official functions.
3. The inviclability of his person.
4. Exemption from all dues and taxes, personal or real, national, regional or municipal in the receiving state, except indirect taxes, taxes and dues on private immovable, dues on inheritance, dues and taxes on private income, and charges levied for specific services rendered;
5. Freedom of communication for official purposes;
6. The right to move freely in the territory of the receiving State.
7. The inviolability of his private residence.
8. The inviolability of his papers, correspondence and property.
9. Archives and documents of the mission should be inviolable at any time and whatever they may be.
10. A diplomatic agent is not obliged to give evidence as a witness.
11. The mission and its head shall the right to use the flag and emblem of the sending State on the premises of the mission including the residence, and on his means of transport.
The Diplomatic agent is not immune from the jurisdiction of sending State and liability in the receiving state. Moreove, he can be sued in the receiving state after a reasonable time elapses from the ending of his mission.