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Duties of Third States

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: 09 February 2023

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

This chapter examines Article 40 of the Vienna Convention on Diplomatic Relations which provides an outline of the duties of third states during diplomatic missions. The Article states that if a diplomatic agent, together with his family, passes through or is in the territory of a third State, the third State shall accord them inviolability and such other immunities as may be required to ensure their transit or return. The Article also states that in similar circumstances, the third State shall not hinder passage through their territories. Also, third States shall accord to official correspondence and other official communications in transit, including messages in code or cipher, the same freedom and protection as is accorded by the receiving State. Lastly, the Article states that the obligations of third States written in this Article shall also apply to the persons mentioned, and to official communications and diplomatic bags, whose presence in the territory of the third State is due to force majeure.

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