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Termination of Privileges and Immunities

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: 02 December 2023

Diplomatic immunity — Diplomatic missions — Diplomatic relations — Diplomatic privileges — Immunity from jurisdiction — Confidentiality and privilege

This chapter analyses Articles 39.2 and 39.3 of the Vienna Convention on Diplomatic Relations. Both deal with the termination of privileges and immunities given to members of the diplomatic missions. Article 39.2 states that when the functions of a person enjoying privileges and immunities have come to an end, such privileges and immunities shall normally cease at the moment when he leaves the country, or on expiry of a reasonable period in which to do so, but shall subsist until that time, even in case of armed conflict. However, with respect to acts performed by such a person in the exercise of his functions as a member of the mission, immunity shall continue to subsist. Article 39.3 on the other hand states that in case of the death of a member of the mission, the members of his family shall continue to enjoy the privileges and immunities until the expiry of a reasonable period.

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