Commencement of Privileges and Immunities

Subject(s):

Diplomatic immunity — Diplomatic missions — Diplomatic relations — Diplomatic privileges — Immunity from jurisdiction — Waiver

This chapter examines Article 39.1 of the Vienna Convention on Diplomatic Relations which deals with the commencement of privileges and immunities given to members of the diplomatic mission of the sending State. The Article states that every person entitled to privileges and immunities shall enjoy them from the moment he enters the territory of the receiving State on proceeding to take up his post or, if already in its territory, from the moment when his appointment is notified to the Ministry for Foreign Affairs or such other ministry as may be agreed. This notion was based on the view that privileges and immunities began when the diplomat entered the territory of the receiving State and made his appointment known. The chapter also looks into numerous cases where a person has sought to rely on the apparent protection given by Article 39.1, using it to grant them immunity from jurisdiction.