Diplomatic Law: Privileges and Immunities

… Illegal parking is a particular problem in the main centres of multilateral diplomacy such as New York City, Geneva, Vienna, Paris, and London. The magnitude of the problem can be illustrated by the fact that between November 1997 and the end of 2002, diplomats in the US accumulated 150,000 unpaid parking tickets – a total of US $18 million of unpaid fines…The authorities of a receiving state may choose different strategies to enforce local parking regulations in spite of diplomatic privileges and immunities… In many diplomatic centres, the first step is to introduce proper evidence and reporting to the head of a diplomatic mission… The next step is to make those reports public. Publicity puts additional pressure on diplomats and diplomatic missions to observe local parking rules.

- excerpt from Diplomatic Law: Privileges and Immunities course materials


Description and Objectives

The main objective of this course is to introduce participants to diplomatic law in general, and diplomatic privileges and immunities in particular. The course combines a theoretical introduction with practical exercises and the learning process is supported by various case studies. Participants are provided with up-to-date developments both in theory and practice of diplomatic privileges and immunities.

 

Course Outline

  1. Principles and Concepts, Evolution and Instruments: We begin by examining the difference between the concepts of immunities, privileges, and facilities before continuing with a historical overview of the evolution of privileges and immunities. Next, we describe main legal instruments that regulate privileges and immunities: mainly international conventions and treaties. Finally, we focus on the different theoretical justifications for privileges and immunities. 
  2. Privileges and Immunities of States: We consider the privileges and immunities of states and their representatives. First, we define state immunity; then we examine the general source of legitimacy of privilege and immunity in customary law and conventions. We look at the ways in which law and conventions form and condition absolute and qualified state immunity. We close with an examination of specific cases of immunity: that of heads of state and governments; the immunities of other ministers, state officials, and parliamentarians; and that of ministers of foreign affairs.
  3. Immunities of Diplomatic Missions: One of the main functions of a diplomatic mission is to represent the state. In order to perform this function, diplomatic missions need appropriate status so that they are not subject to the jurisdiction and power of receiving states. We discuss the types and functions of diplomatic missions and take a close look at the immunities accorded to diplomatic missions.
  4. Privileges and Facilities Accorded to Diplomats and Missions: We further examine the facilities and privileges accorded to diplomatic missions and individual diplomatic agents, in particular inviolability of communication and freedom of movement. These privileges rest on the authority of the Vienna Convention on Diplomatic Relations, which we analyse carefully.
  5. Immunities of Diplomatic Agents: The purpose of granting immunities and privileges to diplomats is to enable them to carry out their functions effectively. Although personal immunities and privileges of a diplomatic agent apply directly, in fact, they are awarded to the sending state and the individual diplomat enjoys them only in his or her capacity as an agent of the state. This is evident when confronted with the issue of waiver of immunity. Diplomats cannot waive their own immunity; only an official representative of the sending state, either the ministry of foreign affairs or the ambassador, can do so.
  6. Consular Privileges and Immunities: We turn our attention to the privileges and immunities accorded to consular missions and consular officers. After a brief historical introduction, we consider the codification of consular law; subsequently, we examine the regulations that govern the establishment of consular relations. We also outline the regulations governing consular posts and consular functions, as well as the privileges, immunities, and facilities relating to consular posts. Finally, we look at the privileges and immunities of consular officers.
  7. Special Missions and International Organisations: Here we look at some remaining beneficiaries of privileges and immunities: international organisations and special missions. We first define privileges and immunities of international organisations and their legal and conceptual foundations, using the UN as our primary example. Following from the rights of organisations, international civil servants have certain privileges and immunities. The privileges and immunities of missions to international organisations are distinct from those of diplomatic missions. Observer missions to international organisations are regulated in an ad hoc manner while a special set of privileges and immunities exists for delegates at international meetings and conferences.
  8. Abuse of Privileges and Immunities: Should the Vienna Convention on Diplomatic Relations be revisited? Diplomatic privileges and immunities usually receive attention only when exceptions or abuses are reported in the news. In this final lecture we take a closer look at some of these issues, most notably traffic violations, the protection of public order, London’s congestion charge, and abuse of the diplomatic bag. We close with a brief look at abuse of immunity for terrorist or political goals and examine whether a revision of the Vienna Convention is needed and wanted.

 

Who Should Apply

  • Practicing diplomats, civil servants, and others who work in international relations who want to refresh or expand their knowledge under the guidance of experienced practitioners and academics;
  • Post-graduate students of diplomacy or international relations wishing to study topics not offered through their university programmes or diplomatic academies and to gain deeper insight through interaction with practicing diplomats;
  • Post-graduate students or practitioners in other fields seeking an entry point into the world of diplomacy;
  • Journalists, staff of international and non-governmental organisations, translators, business people and others who interact with diplomats and wish to improve their understanding of diplomacy-related topics.

 

Structure and Methodology

This course is conducted entirely online over a period of 10 weeks. Reading materials and tools for online interaction are provided through an online classroom. Each week, participants read the provided lecture text, adding questions, comments and references in the form of hypertext entries. Lecturers and other participants read and respond to these entries, creating interaction based on the lecture text. During the week, participants complete additional online activities (for example, further discussion via blogs or forums, quizzes, group tasks, simulations or short assignments). At the end of the week, participants and lecturers meet online in a chat room to discuss the week’s topic. To complete the course successfully, participants must also write one or two essay assignments and a final examination. Courses are based on a collaborative approach to learning, involving a high level of interaction.

 

Lecturer(s)

Dr Jovan Kurbalija
Internet Governance, Cyber Diplomacy, Diplomatic Law: Privileges and Immunities, Climate Change Diplomacy

Dr Jovan Kurbalija is the founding director of DiploFoundation. He is a former diplomat with a professional and academic background in international law, diplomacy and information technology. In 1992 he established the Unit for IT and Diplomacy at the Mediterranean Academy of Diplomatic Studies in Malta. In 2003, after more than 10 years of successful work in training, research and publishing, the Unit evolved into DiploFoundation. Dr Kurbalija currently directs online learning courses on ICT and diplomacy and lectures in academic and training institutions in Switzerland, the United States, Austria, the United Kingdom, the Netherlands and Malta. His main areas of research are diplomacy and the development of an international Internet regime, the use of hypertext in diplomacy, online negotiations and diplomatic law.

 

Professor Dietrich Kappeler, Diplo Senior Fellow
Multilateral Diplomacy, Negotiation, Diplomatic Law: Privileges and Immunities

Professor Dietrich Kappeler served as director of the Diplomatic Studies Programme of the Graduate Institute of International Studies in Geneva from 1993 to 1998. He was the founding director of the Mediterranean Academy of Diplomatic Studies at the University of Malta, 1990-1993. Professor Kappeler has extensive experience in diplomacy and international relations, and lectures and writes on international law, diplomatic and consular law, law of international institutions, human rights and humanitarian law, diplomacy, and constitutional and administrative law of Switzerland.

 

Mr Christiaan Sys
Diplomatic Theory and Practice, Diplomatic Law: Privileges and Immunities, Climate Change Diplomacy

Mr Christiaan Sys is currently working for the Department of Communities and Local Government in the programme management office of the Fire and Resilience Directorate.  He has previously interned in the office of Sir Malcolm Rifkind (the Member of Parliament for Kensington and Chelsea, and a former Foreign and Defence Secretary) in the House of Commons.  He graduated from the University of Antwerp as Licentiaat in Political Sciences (International Relations) after which he obtained a Master's in Diplomatic Studies with distinction from the University of Leicester.  He has an interest in diplomacy, the United Nations and the environment.

 

Words from Former Participants

… I have found it very useful, constructive and also practical towards my line of work. As a diplomat, it has given me an understanding of the essential component and awareness of the entire armoury a diplomat possesses through privileges and immunities under the VCDR. As a ‘person’ it is quite difficult to comprehend why this is so, meticulously when these immunities and privileges are abused (even up to this day it is constantly being abused). Anyhow, participating in the above course has guided my understanding of the aforementioned.

Luciano Fonoti – Ministry of Foreign Affairs and Trade, Samoa

This course provided me with the compulsory knowledge on diplomatic law in general, and diplomatic privileges and immunities in particular. Upon its completion, as an editor of Roma Virtual Network, I had much more logistic capacities to communicate professionally with diplomatic community and the representatives of international organizations. The learning about up-to-date developments in a given sphere has embedded me with the basic intellectual foundation and inspiration for the further studies of Contemporary Diplomacy.

Valery Novoselsky - Editor, Roma Virtual Network, Israel

 

Prerequisites

Applicants must have:

  • an undergraduate university degree; OR three years work experience and appropriate professional qualifications in diplomacy or international relations;
  • sufficient ability in English language to undertake postgraduate level studies (including reading academic texts, discussing complex concepts with other course participants, and submitting written essay assignments of up to 2500 words in length);
  • unrestricted access to the Internet using Firefox or Internet Explorer web browsers (please contact us for more details if you are in doubt about your level of access).

 

Fees

Course fees depend on whether you wish to obtain university credit for the course:

  • 755 euros (University of Malta Credit Course)
  • 575 euros (Diplo Certificate Course)

Applicants must pay full fees upon official acceptance into the course. The fee includes:

  • University of Malta application fee (where applicable)
  • Tuition fee
  • Course orientation pack (where applicable - may include text and/or references and Textus Learning User Guide)
  • Access to all required course materials online, via Diplo’s online classroom
  • Personal interaction via the online classroom with course lecturers, staff and other participants
  • Online technical support: requests will be answered within 24 hours
  • Certificate of completion issued by DiploFoundation (upon meeting all course requirements for participation, assignments and examination)

 

Financial Assistance

Discounts are available for more than one participant from the same institution. A limited number of partial scholarships are available for diplomats from developing countries. To apply for a scholarship please include your CV or resume, and a letter outlining your interest in the course and financial need, with your application package.

 

How to Apply

A number of routes for application are available, depending on the needs of the applicant: