Diplomatic Law: Privileges and Immunities

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Diplomatic privileges and immunities usually receive attention only when exceptions or abuses are reported in the news.


Starting with the evolution of diplomatic privileges and immunities and ending with the question of whether the Vienna Convention on Diplomatic Relations should be revisited in the Internet era, this course introduces participants to diplomatic law in general and diplomatic privileges and immunities in particular.  Combining a theoretical introduction with practical exercises, participants will become familiar with current developments in the field of diplomatic privileges and immunities.

By the end of the course, participants should be able to:

  • explain the difference between the concepts of immunities, privileges and facilities, providing examples of each;
  • describe the legal basis of diplomatic privileges and immunities, including as it relates to individuals, states and representatives, diplomatic missions, and consular missions;
  • explain the theoretical justifications for privileges and immunities and how regulation has evolved;
  • describe the privileges and immunities of states and their representatives (including heads of states and governments, other ministers and officials, diplomatic missions and diplomatic agents);
  • compare and contrast the privileges and immunities of diplomatic missions and agents with those of consular missions and agents;
  • analyse cases of use and abuse of diplomatic privileges and immunities in the modern era, and taking these into account, argue in favour of, or against, revisions to the Vienna Convention on Diplomatic Relations.

 

Excerpt from Course Materials

… 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.


Course Outline

  1. Principles and Concepts, Evolution and Instruments. We look at the difference between the concepts of immunities, privileges, and facilities, and the historical evolution of privileges and immunities. We describe the main legal instruments that regulate privileges and immunities: mainly international conventions and treaties, and finally focus on the different theoretical justifications for privileges and immunities. 
  2. Privileges and Immunities of States. Starting by defining state immunity, we also examine the general source of legitimacy of privilege and immunity in customary law and conventions. We study how law and conventions form and condition absolute and qualified state immunity, closing with an examination of specific cases of immunity: heads of state and governments; immunities of ministers, state officials and parliamentarians; and ministers of foreign affairs.
  3. Immunities of Diplomatic Missions. In order to represent their sending states, 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.
  6. Consular Privileges and Immunities. We consider the codification of consular law, then 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 they are granted. Finally, we look at the privileges and immunities of consular officers.
  7. Special Missions and International Organisations. We 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.
  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. We examine some of these issues, most notably traffic violations, the protection of public order, London’s congestion charge, and abuse of the diplomatic bag. Finally, we examine whether a revision of the Vienna Convention is needed and wanted.

 

Who Should Apply

This course will be of interest to:

  • practising diplomats, civil servants, and others working 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 practising 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.

 

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.

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

 

Structure and Methodology

This course is conducted entirely online over a period of ten 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 write several essay assignments. Courses are based on a collaborative approach to learning, involving a high level of interaction.

 


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Lecturer(s)

Dr Jovan Kurbalija
Internet Governance, E-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 ten 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 as a parliamentary liaison in the cabinet of the Belgian Foreign Secretary.  He has previously worked as a programme support officer for a British Government department and as an intern in the House of Commons for Sir Malcolm Rifkind MP.  He graduated from Antwerp University with a licentiaat in International Relations after which he obtained a master in Diplomatic Studies with distinction from the University of Leicester.  He has an interest in diplomacy, the United Nations and the environment.

 

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 Accredited 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 (for University of Malta Accredited Courses only);
  • full tuition;
  • course orientation pack where applicable (optional readings);
  • access to all course materials online, via Diplo’s online classroom;
  • access, via the Internet, to the University of Malta e-journal collection (University of Malta Accredited Courses only);
  • personal interaction via the online classroom with course lecturers, staff and other participants;
  • online technical support;
  • for Diplo Certificate Courses, postgraduate level certificate issued by DiploFoundation on successful completion of course requirements (interaction and participation, all assignments).

 

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: