Special rights, advantages, freedom, and preferences granted to a diplomatic mission and the diplomats are called diplomatic privileges and immunities. Vienna Convention on Diplomatic Relations 1961 realizes that the purpose of diplomatic privileges and immunities is not to benefit individuals but to ensure the efficient performance of the functions of diplomatic missions as representing states. It also believes that such privileges and immunities would contribute to the development of friendly relations among nations, irrespective of their differing constitutional and social systems.
The following are three theories on why diplomatic missions and diplomats are granted privileges and immunities:
Theory of Extraterritoriality
This theory asserts that the diplomatic mission and its officials are beyond the jurisdiction of the receiving state and to impose domestic or local law would mean to belittle another state, therefore they should be granted diplomatic immunities and privileges.
Functional Theory
According to this theory, diplomats must be ranked above the common people because they act upon political seriousness. To help them deal with such important acts, special rights should be granted to them.
Principle of Sovereign Equality
As all states are equal in sovereignty, one state cannot force the jurisdiction upon another as represented by diplomats.
Immunities and Privileges of Diplomatic Mission
Inviolability of Diplomatic Mission’s Premises
Residence, office, other buildings, land serving the houses belonging to the mission, vehicles, and the compound are within diplomatic premises. It is the host country’s responsibility to protect the diplomatic premises.
Diplomatic premises are not within the jurisdiction of the host country. Hence, they are inviolable.
Inviolability of Archives and Documents
No documents, letters, and other related papers are to be stopped, delayed, checked or opened by local authorities of receiving state.
Fiscal Immunities
Except for the transportation and warehouse charges (not always), no tax or income is collected from the mission.
Privileges
Diplomatic missions have the freedom to correspond with the sending state and other states, and consulates in the host state. If the mission uses ad hoc couriers, people working in courier services are not stopped or imprisoned, even if guilty until and unless the documents are delivered to the mission.
Missions also have the freedom to hoist the sending state’s flag and use its own emblem both in buildings and vehicles or offices.
Immunities and Privileges of Diplomats
Inviolability of Person
Diplomatic personnel is not stopped or checked, they should be respected in the receiving state. Nevertheless, they can be informed about the traffic violation if noticed.
Immunity from Criminal Jurisdiction
Diplomats are beyond the criminal jurisdiction of the receiving state. If diplomats are found to have committed a serious crime, they are simply declared persona non grata and the person has to leave the receiving state within the stipulated time. However, they are not arrested or imprisoned.
Immunity from Civil and Administrative Jurisdiction
Diplomats are not forced to pay loans or pay compensation for a traffic violation. They are neither fined nor taken any action against in court nor do they have to pay parking tax.
Nonetheless, they are not allowed to get involved in profitable business, violate diplomatic visas, and inherit property from a person in the host state.
Fiscal Immunity
No tax is imposed upon diplomats except those like registration fees, and the bonded house cost.
Privileges
Diplomats are provided with goods and services free of customs tax on imported goods. They are free to visit any place except those under restriction as made by receiving state.
Moreover, diplomats are free to practice their own religion, correspond, develop relations with other organizations, and use their own flags in their vehicles. Their personal goods are not checked, and their family members also enjoy similar privileges. Also, diplomats are not enforceable to appear in court as witnesses or get involved in any kind of social, military, or police inquiries or functions.
