DIPLOMATIC AND CONSULAR LAW

Diplomatic law is a field of international law concerning the practice of

diplomacy, and the rights and obligations of state representatives on the territory of
other states. The broad corpus of diplomatic law derives from one of the oldest
principles of customary international law, that of state immunity and sovereign
immunity. See Gerhard von Glahn, Law Among Nations: An Introduction to Public
International Law 136 (6th ed., Macmillan 1992).

Consular law

the body of principles and norms (of domestic legislation as well as of international
law) regulating the activities of consuls.

Every state defines the scope of the functions of its consular representatives,
taking into account the legislation of the host country. The main sources of consula
r law are the many consular agreements concluded by individual countries defining
the legal status of consuls and laying down the basic rules under which they functi
on. Provisions regulating consular activity are contained in treaties dealing with tra
de and navigation, legal assistance, and social security. In the 20th century several
multilateral agreements were concluded that to some extent codified the treaty prac
tices of different states with respect to consular questions, for example, the Caracas
Convention on Consular Functions of 1911 and the Hague Convention on Consula
r Officials of 1928. The code of consular law is the multilateral Vienna Convention
of 1963 on Consular Relations, which defines the privileges, immunities, and basi
c functions of career consuls, as well as the legal status of honorary consuls
(https://encyclopedia2.thefreedictionary.com/Consular+Law).

The diplomatic 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, Eileen. 2008. Diplomatic Law: A Commentary on
the Vienna Convention on Diplomatic Relations. Oxford: Clarendon Press, on
Article The Obligation of Diplomats to Respect the Laws and Regulations of the
Hosting State: A Critical Overview of the International Practices Nehaluddin
Ahmad).

Diplomatic missions carry out their activities in two parts: they relate to the
accredited state and also relate to the accredited state. Concerning bilateral
diplomacy, the diplomatic mission is divided into the following categories:
Embassy, Apostolic Nunciature, Legation, Internunciature, High Commissariat. The
most famous diplomatic mission represents the embassy, being also the most
important. For example, the Apostolic Nunciature is specific to the Holy Regiment,
because besides its diplomatic functions, it also performs ecclesiastical functions.
From the point of view of multilateral diplomacy, the diplomatic mission is divided
into permanent representations or permanent delegations and permanent missions of
an international organization to a state. Thus, the diplomatic mission and its
functions are permanently a subject that can always be different depending on the
international context (The Diplomatic Mission And Its Function, DRĂGAN-
CODREAN & BUGNAR Nicoleta,
https://ideas.repec.org/a/ora/journl/v1y2019i1p259-265.html).

According to VIENNA CONVENTION ON DIPLOMATIC RELATIONS

AND OPTIONAL PROTOCOLS DONE AT VIENNA, ON 18 APRIL 1961 that
diplomatic functions are as follows :
Article 2

The establishment of diplomatic relations between States, and of permanent

diplomatic missions, takes place by mutual consent.

Article 3

1. The functions of a diplomatic mission consist inter alia in:

(a) representing the sending State in the receiving State;

(b) protecting in the receiving State the interests of the sending State and of its
nationals, within the limits permitted by international law;
(c) negotiating with the Government of the receiving State;
(d) ascertaining by all lawful means conditions and developments in the receiving
State, and reporting thereon to the Government of the sending State;
(e) promoting friendly relations between the sending State and the receiving State,
and developing their economic, cultural and scientific relations.

2. Nothing in the present Convention shall be construed as preventing the

performance of consular functions by a diplomatic mission.

The diplomatic rights are including their immunity and confidential privileges
and unsue as in duty person. Diplomatic immunity is a principle of international law
by which certain foreign government officials are not subject to the jurisdiction of
local courts and other authorities. The concept of immunity began with ancient
tribes. In order to exchange information, messengers were allowed to travel from
tribe to tribe without fear of harm. They were protected even when they brought bad
news. Today, immunity protects the channels of diplomatic communication by
exempting diplomats from local jurisdiction so that they can perform their duties
with freedom, independence, and security. Diplomatic immunity is not meant to
benefit individuals personally; it is meant to ensure that foreign officials can do their
jobs. Under the concept of reciprocity, diplomats assigned to any country in the
world benefit equally from diplomatic immunity.

The Vienna Convention on Diplomatic Relations of 1961 and

the Vienna Convention on Consular Relations of 1963 codified most modern
diplomatic and consular practices, including diplomatic immunity. More than 160
nations are parties to these treaties. The conventions provide immunity to persons
according to their rank in a diplomatic mission or consular post and according to the
need for immunity in performing their duties. For example, diplomatic agents and
members of their immediate families are immune from all criminal prosecution and
most civil law suits. Administrative and technical staff members of embassies have
a lower level of immunity. Consular officers serving in consulates throughout the
country have an even lower level of immunity. Members of an embassy's service
staff and consular employees are immune only for acts performed as part of their
official duties

It is true that diplomats are exempt from the criminal, civil and administrative
jurisdiction of the host country. However, this exemption may be waived by their
home country. Moreover, the immunity of a diplomat from the jurisdiction of the
host country does not exempt him/her from the jurisdiction of his/her home country.

It is also within the discretion of the host country to declare any member of
the diplomatic staff of a mission persona non grata (or unwanted person). This may
be done at any time and there is no obligation to explain such a decision. In these
situations, the home country, as a rule, would recall the person or terminate his/her
function with the mission.
 The Vienna Convention provides for specific measures that can be taken by
both the home and host countries in cases of misuse or abuse of diplomatic privileges
and immunities. On the whole, diplomatic privileges and immunities have served as
efficient tools facilitating relations between States. No UN Member State has so far
proposed rescinding the Convention or re-writing its provisions.

Diplomatic privileges and immunities guarantee that diplomatic agents or

members of their immediate family:

 May not be arrested or detained

 May not have their residences entered and searched
 May not be subpoenaed as witnesses
 May not be prosecuted

(http://www.ediplomat.com/nd/diplomatic_immunity.htm)