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Persona Non Grata

From: Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations (4th Edition)

Eileen Denza

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 March 2023

Diplomatic immunity — Diplomatic missions — Diplomatic relations

This chapter examines Article 9 of the Vienna Convention on Diplomatic Relations which refers to the status persona non grata given by the receiving State towards members of a diplomatic mission. The state renders the members as ‘unwelcome’. Article 9 gives the receiving State the right to notify the sending State that any member of the diplomatic staff is considered a persona non grata at any time, including before arrival. After being notified, the sending State must either recall the member or terminate his or her functions. If the sending State refuses or fails within a period to carry out the obligation, the receiving State may refuse to recognize the person concerned as a member of the mission. The Article proves to be a key provision in the Convention which enables a State to protect itself against unacceptable behaviour by members of diplomatic missions and forms an important counterweight to the immunities conferred elsewhere in the Convention.

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