Diplomatic Passports Separating Myth From Facts
Monday, October 31st, 2011A diplomatic passport is the simplest way to identify and protect the rights and interests of a diplomat, stationed outside the country. However, there is also a plenty of misinformation about diplomacy, diplomatic immunity and diplomatic passports. A diplomatic passport does not automatically grant diplomatic privileges and immunity.
The 1961 Vienna Convention on Diplomatic Relations outlines the rules of diplomatic law. The Convention codifies the rules for the exchange and treatment of envoys between states, which have been firmly established in customary law for hundreds of years. It has become an almost universally adopted Convention with 179 states party to it. The concept of issuing a separate passport for diplomats came into implementation after ‘the Vienna Convention of Diplomatic Relations’ in 1961.The convention passed a ruling which states about the “diplomatic immunity,” for diplomats that cover the inviolability and jurisdictional immunity in the stationed country.
Here, inviolability refers to the carrying on of strict legal actions such as the arrest or police remand, custodial protection, forced access or seizure of buildings, search and seizure of goods and property. In order to provide the best working environment without any pressure and force, countries do shield their diplomats working on different missions on behalf of the government of that particular country.
Under the agreement passed by the Vienna Convention, a diplomatic agent and the members of the diplomatic staff of the mission are given the official security by the government of their home country. In addition, members of the diplomatic staff having no diplomatic rank are also eligible for diplomatic immunity.
The protection given to diplomats varies from designation to designation. Private servants working under the ranked diplomats are eligible for protection provided under the responsibility to the staff clause. Family members of private servants are not covered by the provisions of the Vienna Conventions.
It is important to notice that family members such as spouse and children forming part of the household of a member of a mission enjoy the same kind of privileges and immunities as provided to the member of the mission. However, there is no as such term “family” is defined by the convention and the meaning of the term varies from the country to country.
A diplomatic passport is therefore issued for the purpose of international travel in order to certify the identity of its holder. Although most diplomats with diplomatic immunity carry diplomatic passports, having a diplomatic passport is not the equivalent of having diplomatic immunity. A grant of diplomatic status, a privilege of which is diplomatic immunity, has to come from the government of the country in relation to which diplomatic status is claimed.
You can learn more on this subject from Oliver von Stuppach at diplomatic passport.
