Personal Inviolability

Subject(s):

Diplomatic immunity — Diplomatic missions — Diplomatic relations

This chapter examines Article 29 of the Vienna Convention on Diplomatic Relations which deals with personal inviolability of a diplomatic agent. The Article states that a diplomatic agent shall not be liable to any form of arrest or detention and that the receiving State shall treat him with due respect and shall take all steps to prevent any attack on his person, freedom, or dignity. In the Commentary on the draft article, the International Law Commission expressed that the diplomatic agent is exempted from certain measures that would amount to direct coercion. Personal inviolability precludes personal service of legal process on a diplomat or other entitled member of a diplomatic mission. Although service of process does not involve arrest or detention and does not in any real sense involve attack on the person, freedom, or dignity of the diplomat, it is a manifestation of the enforcement jurisdiction of the receiving State.