Immunity from Execution

Subject(s):

Diplomatic immunity — Diplomatic missions — Diplomatic relations — Immunity from jurisdiction — Witnesses

This chapter analyses Article 31.3 of the Vienna Convention on Diplomatic Relations which stresses the immunity from execution of the diplomatic agent. Article 31.3 states that no measures of execution may be taken in respect of a diplomatic agent except in cases regarding the sub-paragraphs (a), (b), and (c) of Article 31.1., and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence. The principle of immunity from execution derives from the diplomat’s inviolability of person, residence, and property as well as from his immunity from civil jurisdiction. However, a diplomat’s residence may be vulnerable to execution if it is part of a larger block owned by the sending State and a judgment of a national court declares that the block as a whole is not exempt from execution.