766
i n t e r nat i o na l l aw
As far as criminal jurisdiction is concerned, diplomatic agents enjoy
complete immunity from the legal system of the receiving state,
376
al-
though there is no immunity from the jurisdiction of the sending state.
377
This provision noted in article 31(1) reflects the accepted position under
customary law. The only remedy the host state has in the face of offences
alleged to have been committed by a diplomat is to declare him
persona
non grata
under article 9.
378
Specific problems have arisen with regard to
motoring offences.
379
Article 31(1) also specifies that diplomats
380
are immune from the civil
and administrative jurisdiction of the state in which they are serving,
except in three cases:
381
first, where the action relates to private immov-
able property situated within the host state (unless held for mission pur-
poses);
382
secondly, in litigation relating to succession matters in which
376
See e.g.
Dickinson
v.
Del Solar
[1930] 1 KB 376; 5 AD, p. 299; the
Iranian Hostages
case,
ICJ Reports, 1980, pp. 3, 37; 61 ILR, p. 530 and
Skeen
v.
Federative Republic of Brazil
566
F.Supp. 1414 (1983); 121 ILR, p. 481. See also Denza,
Diplomatic Law
, pp. 280 ff.
377
Article 31(4).
378
See e.g. the incident in Washington DC in 1999, when an attach´e of the Russian Embassy
was declared
persona non grata
for suspected ‘bugging’ of the State Department, 94 AJIL,
2000, p. 534.
379
However, the US has tackled the problem of unpaid parking fines by adopting s. 574
of the Foreign Operations, Export Financing and Related Programs Appropriations Act
1994, under which 110 per cent of unpaid parking fines and penalties must be withheld
from that state’s foreign aid. In addition, the State Department announced in December
1993 that registration renewal of vehicles with unpaid or unadjudicated parking tickets
more than one year old would be withheld, thus rendering the use of such vehicles illegal
in the US: see ‘Contemporary Practice of the United States Relating to International Law’,
88 AJIL, 1994, p. 312. It is also required under the US Diplomatic Relations Act 1978
that diplomatic missions, their members and families hold liability insurance and civil
suits against insurers are permitted. Note that the UK has stated that persistent failure by
diplomats to respect parking regulations and to pay fixed penalty parking notices ‘will
call into question their continued acceptability as members of diplomatic missions in
London’, UKMIL, 63 BYIL, 1992, p. 700. See also Denza,
Diplomatic Law
, pp. 288–9 and
UKMIL, 77 BYIL, 2006, pp. 741 ff.
380
Note that a diplomat who is a national or permanent resident of the receiving state
will only enjoy immunity from jurisdiction and inviolability in respect of official acts
performed in the exercise of his functions, article 38.
381
Article 31(1)a, b and c. Note that there is no immunity from the jurisdiction of the sending
state, article 31(4).
382
See
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