Jurisdiction of the Sending State and other Remedies
Professor Eileen Denza
- Diplomatic immunity — Immunity from jurisdiction, states — Immunity from jurisdiction, agents of states — Heads of state and other senior officials — Diplomatic relations
… 4. The immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State. Article 31.4 does no more than restate a rule which has never at any time been challenged. But during the preparation of the Convention there were several efforts to make the jurisdiction of the sending State more effective. The original proposal for this paragraph made by the Rapporteur to the International Law Commission was: A diplomatic agent shall be justiciable in the courts of the sending State. The competent...