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Facilities for Departure

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: 22 September 2023

Diplomatic immunity — Diplomatic missions — Diplomatic relations — Diplomatic privileges — Hostage taking — Armed conflict

This chapter considers Article 44 of the Vienna Convention on Diplomatic Relations which elaborates on the facilities for departure. The Article states that the receiving State must, even in case of armed conflict, grant facilities in order to enable persons enjoying privileges and immunities, other than nationals of the receiving State, and members of the families of such persons irrespective of their nationality, to leave at the earliest possible moment. It must, in particular, in case of need, place at their disposal the necessary means of transport for themselves and their property. In the case of armed conflict, the right to safe departure assumes great importance. Envoys then became hostages in the receiving State, but the interest of each State in securing the return of its own diplomats was enough to guarantee its observance of the duty to permit the safe departure of enemy diplomats from its own territory.

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