760
i n t e r nat i o na l l aw
2000, diplomatic baggage destined for the British High Commission in
Harare was detained and opened by the Zimbabwe authorities, the UK
government protested vigorously and announced the withdrawal of its
High Commissioner for consultations.
343
In view of suspicions of abuse, the question has arisen as to whether
electronic screening, not involving opening or detention, of the diplo-
matic bag is legitimate. The UK appears to take the view that electronic
screening of this kind would be permissible, although it claims not to have
carried out such activities, but other states do not accept this.
344
It is to be
noted that after the Libyan Embassy siege in April 1984, the diplomatic
bags leaving the building were not searched.
345
However, Libya had en-
tered a reservation to the Vienna Convention, reserving its right to open
a diplomatic bag in the presence of an official representative of the diplo-
matic mission concerned. In the absence of permission by the authorities
of the sending state, the diplomatic bag was to be returned to its place
of origin. Kuwait and Saudi Arabia made similar reservations which were
not objected to.
346
This is to be contrasted with a Bahraini reservation to
article 27(3) which would have permitted the opening of diplomatic bags
in certain circumstances.
347
The Libyan reservation could have been relied
upon by the UK in these conditions.
It is also interesting to note that after the Dikko incident, the UK Foreign
Minister stated that the crates concerned were opened because of the
suspicion of human contents. Whether the crates constituted diplomatic
bags or not was a relevant consideration with regard to a right to search,
but:
the advice given and the advice which would have been given had the crate
constituted a diplomatic bag took fully into account the overriding duty to
preserve and protect human life.
348
USSR was opened for inspection by West German authorities on the grounds that a lorry
itself could not be a bag. The crates inside the lorry were accepted as diplomatic bags and
not opened, Foreign Affairs Committee,
Report
, p. xiii, note 48.
343
See UKMIL, 71 BYIL, 2000, pp. 586–7.
344
See the Legal Adviser, FCO, Foreign Affairs Committee,
Report
, p. 23. See also 985 HC
Deb., col. 1219, 2 June 1980, and Cmnd 9497. See further
Yearbook of the ILC
, 1988, vol. II,
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