T

he concept of State and diplomatic immunity flows from customary international law and it is often expressed in the maxim par in parem non habet jurisdictionem, or more simply, that no State can claim jurisdiction over another. These immunities exist in order to promote stable relations between States and they are based on the notion that States will be able to conduct peaceful and passive diplomacy when they are in force. The establishment of diplomatic relations between nations takes place by their mutual consent‚Ää‚ÄĒ‚Ääas stipulated in Article 2 of the Vienna Convention on Diplomatic Relations 1961. It is through this mutual Article 2 of the Vienna Convention on Diplomatic Relations 1961. It is through this mutual consent that agents of one State may enter the territory of another State and act in their official capacity. The privileges bestowed upon a diplomatic agent sent to a receiving State are such that the agent has exclusive power of the territorial sovereign to regulate and to enforce decisions of its organs while ensuring they respect the territory and the population of the receiving State. It is acknowledged that these privileges are limited to the rights bestowed by the receiving State, such that the receiving State can use reasonable force when ensuring that the activities being conducted by diplomatic agents are not in excess of the licence being conferred to them, or that their actions are in breach of international law.

Continue Reading‚Ää‚ÄĒ‚ÄäSovereign & Diplomatic Immunity for War Crimes

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Posted 
Nov 10, 2008
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