1. By
Md. Zubair Kasem Khan
LL. B(Hons); MCL
International Islamic University Malaysia.

2. Understanding Terms,
Historical Evolution,
Diplomatic Envoys and its Classification,
Available Immunities to Diplomatic agents.

3. Diplomat / Diplomatic Envoys/ Diplomatic Agents:
A diplomat is a commissioned public officer, to supervise and
transact the affairs (conduct official negotiations and maintain
political, economic, and social relations) of the government which
has employed them, in a foreign country. International treaties are
usually negotiated by diplomats prior to endorsement by national
politicians.
Diplomatic Immunity:
Diplomatic immunity is a form of legal immunity and a
policy held between governments, which ensures that diplomats are
given safe passage and are considered not susceptible to lawsuit or
prosecution under the host country's laws (although they can be
expelled).

4. … [I]t must soon have been realized that no negotiation
could reach a satisfactory conclusion, if the emissaries of
either party were murdered on arrival. Thus, the first
principle to become firmly established was that of
Diplomatic Immunity. (Harold Nicolson , 1998 at 2)
The institute of privileges and immunities occurred among
the Australian Aborigines as well as in the Institutes of
Manu (archaic Hindu codes dating from 1500 BCE)
…[T]he guest coming after the sunset may not be expelled
by the master of the house;... Guests should be given a
place to sit, premises, bed, attention and respect: higher –
to the higher, lower – to the lower, equal to the equal. (Van
der Toorn, 1995 at 365).
During Ancient periods, the first written indications of
privileges and immunities appear in the correspondence
between Hattusili III and Ramses III. The main sources
on diplomacy in this period – also recognized the right of a
messenger to swift and unhindered passage. (Cohen &
Westbrook, 2000).
Prehistory

5. In ancient India, rulers did not have permanent ambassadors;
instead they relied on envoys who delivered messages, and on
negotiators (in the European system they were called
plenipotentiaries) authorized to work out or modify
agreements on their masters’ behalf.
Normally ‘Brahmins’, enjoyed a degree of immunity.
The Arthashastra says that: “…envoys are the mouthpieces
of kings. They must carry out their instructions and it would
be wrong to put them to death even if they were outcasts. How
much less reason is there then for putting a Brahmin to
death? (Rana, 2000).
In ancient Greece, the oldest form of international relations
rested on the concept of Proxenoi . Proxenoi represented another
city state, clan, tribe, or state within their own and enjoyed,
within it certain rights and privileges concerning trade, taxation,
and the law, as well as a variety of other honorary benefits.
Legations would first contact their Proxenos and then conduct
their negotiations through him, counting on his help. The
institution of proxenoi became the basis of all future
international relationships in the ancient world.
AncientPeriods

6. … [I]t must soon have been realized that no negotiation could
reach a satisfactory conclusion, if the emissaries of either
party were murdered on arrival. Thus, the first principle to
become firmly established was that of Diplomatic Immunity.
(Harold Nicolson , 1998 at 2)
The institute of privileges and immunities occurred among
the Australian Aborigines as well as in the Institutes of Manu
(archaic Hindu codes dating from 1500 BCE)
…[T]he guest coming after the sunset may not be expelled by
the master of the house;... Guests should be given a place to
sit, premises, bed, attention and respect: higher – to the
higher, lower – to the lower, equal to the equal. (Van der
Toorn, 1995 at 365).
During Ancient periods, the first written indications of
privileges and immunities appear in the correspondence
between Hattusili III and Ramses III. The main sources
on diplomacy in this period – also recognized the right of a
messenger to swift and unhindered passage. (Cohen &
Westbrook, 2000).
AncientPeriods

7. The diplomatic system established among Italian city states is
considered as the first organized diplomatic system with
permanent diplomatic missions, diplomatic archives, and
other elements of modern diplomacy.
The core element of this system was the institution of
diplomatic privileges and immunities. Diplomats needed
protection because they had a very delicate status.
(a) local inhabitants were not allowed to discuss public affairs
with foreign diplomats; (b) diplomats were not allowed to
possess any property in the host country and
(c) diplomat was also forbidden to take his wife with him, as
she might indulge in gossip
After the Renaissance, the institution of permanent
diplomatic missions grew rapidly. In addition, first
ministry of foreign affairs was established in France in
1626.
RenaissanceDiplomacy

8. The practice of diplomacy led to the Congress of Vienna in
1815, which established an institutional framework for
modern diplomacy.
Under this Congress of Vienna, classes of diplomatic
representation was established (like: (a) ambassadors and
papal legates; (b) ministers plenipotentiary; (c) ministers
resident, and (d) chargés d'affairs). Legally speaking, the
Congress codified customary diplomatic law.
Many institutions from the Congress of Vienna were included
in the Vienna Convention on Diplomatic Relations adopted
on 18 April, 1961 which is considered as the main source of
current diplomatic law.
The two most important documents, however, prior to
the Vienna Convention on Diplomatic Relations, 1961 were
the Havana Convention on Diplomatic Officers 1928 and
the Harvard Research Draft Convention on Diplomatic
Privileges and Immunities of 1932.
ModernDiplomacy

9. Diplomatic agents are those persons who abide in foreign state as
representatives of their own states. According to Article 14 of the Vienna
Convention, Diplomatic agents may be classified as under :-
Ambassadors: - The personal representatives of the Head of the state
are said to be ambassadors. And in the common wealth countries the
representatives are said to be the High Commissioners. As for example, the
representative of Pakistan in India is called High Commissioner.
The appointment of the ambassador is subjected to the assent of
receiving state. In other words the person who is going to be appointed as a
diplomatic envoy in a country it is necessary that he must porsona grata, for the
receiving state. Other wise, he should be refused. So, it is a duty of the sending
state to send a report regarding the person to be appointed as diplomatic envoy
to the receiving state.
Once a person has been accepted as envoy he should be given certain
rights and immunities. As for example, he has a right to claim the title of
‘Excellency’.

10. Ministers: - Ministers are other diplomatic officials accredited to the
other countries, but ministers are not the personal representatives of the Head
of the state. So, they receive less honour as compared to ambassadors.
Again, they are not entitled to claim the title of ‘Excellency’. But if they
were given this title it would be a matter of courtesy but not as a matter of their
right. in other respects they are almost equal with ambassadors.
Charge d’ Affairs: - The officials accredited to foreign state by the
foreign office to the foreign office. They are less important as compare to
ambassadors and ministers. They do not enjoy honour and title as are available
to ambassadors and ministers. They may either be appointed permanently or
temporarily. But usually they are appointed temporarily.

11. According to the provisions of the Vienna Convention on
Diplomatic Relations, 1961 following immunities and privileges are
available for diplomatic agents:
Under Article: 29, Inviolability of Diplomatic Agents :- The person,
freedom and dignity of a diplomatic agent is inviolable. The receiving
state shall guarantee his person and shall give him respect. In other
words, diplomatic agents cannot be detained or arrested.
Under Article: 30, Inviolability of Mission’s Staff :- The Veinna
Convention also lays down certain immunities and privileges to the
administrative and technical staff of the diplomatic mission and for
their family members which are also inviolable subject to certain
limitations.

12. Under Article: 22, Inviolability of Premises :- The permanent
diplomatic mission has premises in the receiving state where it is to
operate its mission. So, the premises and the private residence of the
diplomatic agents are also inviolable.
Under Article: 23, Inviolability of Archives and Documents :- The
archives and documents of the mission shall be inviolable.
This principles of inviolability of the premises of a diplomatic
mission was established by the leading case of United States
Diplomatic and Consular Stuff in Tehran, ICJ 1980.

13. Under Article: 25, Assurance of Providing Full Facilities :- The
Convention imposes a duty on the receiving states to accord full
facilities for the mission to perform its functions.
Under Article: 26, Freedom of Movement :- The diplomatic agents are
free to move and travel in the territory of the receiving state. But this is
subject to the laws and regulations, and laws made by the receiving state
concerning the prohibited security zone.
Under Article: 27, Freedom of Communication :- The diplomatic
agents have also been entitled to communicate any information for
official purpose to the sending state. Such communications includes the
use of couriers and code messages. The diplomatic bag is also inviolable.

14. Under Article: 31, Immunity from Local Jurisdiction :- The
diplomatic agents are immune from local jurisdiction. In other words,
diplomatic agents cannot be tried by the Courts of the receiving state.
Immunity extends to civil, criminal and administrative jurisdictions.
Under Article: 33, Exemption From Social Security :- A diplomatic
agent shall with respect to services rendered for the sending State be
exempt from social security provisions which may be in force in the
receiving State.
Under Article: 34, Immunity from Taxes and Customs Duties :- The
diplomatic agents are also immune from all sorts of taxes subject to certain
exceptions.
Under Article: 35, Immunity from Local and Military Obligations :-
The diplomatic agents are also immune from certain local and military
obligations of the receiving state. As for example, the diplomatic agents are
exempted from military contributions, etc.

15. Nicolson H. (1998). The Evolution of Diplomatic Method. Leicester: University of Leicester Press.
Van der Toorn K. (1995). Migration and the spread of local cults. In Van Lerberghe K. and
Schoors A. [eds]. Immigration and Emigration within the Ancient Near East: Festschrift
E. Lipinski. Leuven: Peeters Publishers, pp. 365–377.
Cohen R and Westbrook R. (2000). Amarna Diplomacy: The Beginnings of International
Relations. Baltimore, MD: John Hopkins University Press.
Rana KS. (2000). Inside Diplomacy. New Delhi: Manas Publications.
J. G. Starke. (1994). Introduction to International Law. New Delhi: Kailash Balani for Aditya Books
(P) Ltd.