diplomatic immunity and inviolability.
That's how countries show that they
respect each other's sovereignty and
independence. It also allows them to
maintain international relations without
having to fear their representatives will
be pressured by legal proceedings or
arrests. These privileges are far reaching:
Julian Assange, the internationally wanted
founder of WikiLeaks, has been living in
the Ecuadorian Embassy in London for
two years now, in a building the British
police are not allowed to enter.
Based on our experience as lawyers
for several foreign missions in the
Netherlands, in this article I will provide
guidance on legal disputes involving
diplomats.
When a foreign diplomat whose
speeding caused a fatal car accident in
the land he was posted to in 2013 avoided
prosecution by invoking immunity, and
then quickly returned to the sending state,
the local court could not do anything to
stop him. This caused much indignation.
are taking measures against abuses of
immunity, for instance by withdrawing
parking permits or tax-free fuel cards and
by publishing a blacklist of diplomats
refusing to pay their fines.
What are the consequences of
diplomatic immunity for citizens
dealing with diplomatic institutions
and diplomats? Can rules governing the
relations between countries be invoked
in the case of commercial transactions?
Everyone dealing with diplomats or
diplomatic institutions can be faced with
the limits of diplomatic immunity and
inviolability. This may involve buying,
selling and leasing real estate, delivery of
goods, and employment in an Embassy or
Consulate.
Inviolability
Embassies, Consulates and diplomats and
members of their family are not subject
to the legal authority of the host country.
Though the laws and regulations of the
they are expected to observe common
rules. In addition, the court does not
have jurisdiction either. Furthermore,
diplomats do not have to pay taxes.
In addition to immunity, there is also
inviolability. This means the premises of
diplomatic missions must not be entered,
they must not be searched, property must
not be seized and persons must not be
arrested by the host country.
These and other rules on diplomatic
relations are specified in the Vienna
Conventions of 1961 (on Diplomatic
Relations) and of 1963 (on Consular
Relations), which have been ratified
by most countries. In addition, there
are also the United Nations Convention
on Jurisdictional Immunities of States
and Their Property and the European
Convention on State Immunity. They have
been ratified by fewer countries but can
be used by courts as an indication of what
is regarded as customary international law
in cases that are not governed, or in less
detail, by the Vienna Conventions.
Russell Advocaten B.V. He has worked for many years with
issues regarding diplomatic immunity, representing Embassies
and Consulates in the Netherlands. Reinier also assists domestic
and foreign businesses in the Netherlands with corporate and
commercial matters including litigation. He deals with business
formation and reorganization, corporate governance, insolvency
law, employment issues, real estate issues and all aspects of
liability and contract law.
Reimersbeek 2
1082 AG Amsterdam
The Netherlands
+31 20 301 56 78 Fax
russell.nl