UNIVERSITY OF THE WEST INDIES, MONA - FACULTY OF LAW

PUBLIC INTERNATIONAL LAW II (LAW 2320) – Spring 2020

WORKSHEET 8 – DIPLOMATIC IMMUNITY

READING LIST:

The main international agreements covering diplomatic immunity are the 1961 Vienna Convention on
Diplomatic Relations and the 1963 Vienna Convention on Consular Relations. Most of the rules covered
in these conventions are reflected in customary international law. Most countries have domestic statutes
that transform these international obligations into municipal law, such as the Diplomatic Immunities and
Privileges Act (Jamaica), Privileges and Immunities Act (Guyana), Foreign Mission and International
Organizations Act (Canada), Diplomatic and Consular Conventions Act (Belize).

1. Meaning & Scope of Diplomatic Immunities

a. Review VCDR Articles 1, 9, 22, 24, 25, 26, 27, 40, 45, 47
b. Notes 1, 2, 7 [Harris, Chapter 5. Diplomatic Immunity, 6-158-160]
c. Empson v. Smith [1966] 1 Q.B. 426 (C.A.) [Harris, Chapter 5. Diplomatic Immunity, 6-181-
183]
d. U.S. Diplomatic and Consular Staff in Tehran Case (U.S. v. Iran) 1980 I.C.J. Rep. 3 [Harris,
Chapter 5. Diplomatic Immunity, 6-172-177]

2. Inviolability and Protection of the Diplomatic Mission

a. VCDR Article 22
b. Notes 4-5 [Harris, Chapter 5. Diplomatic Immunity, 6-162-168]
i. Sun Yat Sen Incident, (1896) 1 McNair 85 [in Note 4, above]
ii. Libyan People‘s Bureau Incident (1984) [in Note 5, above]
iii. Agbor v. Metropolitan Police Commissioner [1969] 1 W.L.R. 703 (C.A.) [in Note 5,
above]
c. Radwan v. Radwan [1973] Fam. 24 [Harris, Chapter 5. Diplomatic Immunity, 6-171]

3. Categories of Personnel Entitled to Diplomatic Immunities and Privileges

a. Review VCDR Articles 1, 29-31, 37, 38, 41
b. Note 3 [Harris, Chapter 5. Diplomatic Immunity, 6-184]

4. Duration and Waiver of Immunities

a. Review VCDR Articles 32, 39-40

1
 b. R. v. Guildhall Magistrates Court, ex parte Jarrett-Thorpe, The Times, 5 October 1977
(Q.B.D.) [Harris, Chapter 5. Diplomatic Immunity, 6-160]
c. Empson v. Smith [1966] 1 Q.B. 426 (C.A.) [Harris, Chapter 5. Diplomatic Immunity, 6-181-
184]
d. Note 3 [Harris, Chapter 5. Diplomatic Immunity, 6-184]

5. Abuse of Diplomatic Immunities & Diplomatic Bag

a. Dikko Case (1984) + Draft Article 28 and accompanying notes [Harris, Chapter 5. Diplomatic
Immunity, 6-169-170]
b. Note 6 [Harris, Chapter 5. Diplomatic Immunity, 6-169]

6. Additional Reading
a. Ian Brownlie, Principles of Public International Law, 7th ed. (Oxford: Oxford University
Press, 2008), Chapters 16-17.
b. Alina Kaczorowska, Public International Law, 4th ed. (Abingdon, Oxon: Routledge, 2010),
Chapter 9.
c. Peter Malanczuk, Modern Introduction to International Law, Akehurst’s, 7th rev‘d ed.
(London: Routledge, 1997), Chapter 8.
d. Malcolm N. Shaw, International Law, 6th ed. (Cambridge: Grotius Publications, 2008),
Chapter 13.

TREATIES & LEGISLATION:

UN Convention on Jurisdictional Immunities

State Immunity Act (UK)
Foreign Sovereign Immunities Act (US)

TUTORIAL QUESTION:

On January 1, 2005, the Ambassador from the Unruly Kingdom (UK) to the State of Malia is
caught using illegal narcotics and having sexual relations with a child prostitute. Despite
claiming diplomatic immunity, he is arrested by Maliese police and taken to the Police Station.
After Maliese officials confirm his diplomatic status he is released with an apology. The next
morning the Ambassador receives a letter from Maliese authorities informing him that he is "no
longer welcome in the Glorious State of Malia and must leave immediately, or within a
maximum period of ten hours from receipt of this letter." The Ambassador rushes home and
packs his suitcases with his most valuable possessions. Crowds of Maliese nationals, having
heard of his crimes, gather outside of his residence, shout "death to Western paedophiles," and

2
hurl rubbish over his gate. As the Ambassador is leaving his residence, his Maliese security
guard fires shots into the air to scare off the protesters. Unfortunately, a local news helicopter is
hit by one of the bullets and crashes, injuring the pilot and cameraman.
When the Ambassador arrives at the Maliese National Airport a police dog becomes
exceptionally interested in one of his suitcases. The bag, labelled "Special Ambassadorial
Possessions" is opened by airport security staff who discover a large quantity of opium. They
confiscate the drugs but allow the Ambassador to proceed to his plane. The flight is delayed on
the runway for eight hours due to engine problems and eventually all passengers are required to
de-plane. The Ambassador is waiting in the departure lounge for the next available flight when,
just after lunchtime the next day, Maliese police arrest him and his security guard. The Maliese
police charge the Ambassador with the offences of (1) having unlawful sexual relations with a
minor, (2) conspiracy to export illegal narcotics, (3) bribing Government officials, and (4)
trafficking in child sex slaves. The latter charge is based upon information about activities
engaged in by the Ambassador prior to his taking up his diplomatic post in Malia. Regarding the
third charge, the Ambassador alleges that his "gifts" to government officials were mandated by
an official Embassy policy set by his own Government.
Advise the State of Malia as to whether it has jurisdiction to prosecute the Ambassador
and his Maliese security guard for the above crimes, as well as on all other international legal
issues raised in the above facts.