Declaring personae non gratae those diplomats who were suspect of other activities against the interests of the receiving State without strong evidence is also lawful, since the receiving State's decision is fully discretionary and it does not need to provide any reasons. When they are declared personae non gratae, the sending State has to recall them or terminate their functions. The sending State’s diplomats in the receiving State enjoy an immunity from the criminal jurisdiction of the receiving State. Persona non grata Persona non grataĪpart from primary rules which can be violated by the sending State’s conduct, the Vienna Convention on Diplomatic Relations also applies to the response of the receiving State. By contrast, most States criminalize espionage, including economic espionage, under their domestic law, and therefore conduct that falls under such domestic prohibitions will also constitute a violation of Article 41 of the VCDR. This formulation thus legitimates the gathering of intelligence as long as it is conducted in a manner compatible with the domestic law of the receiving State. In this regard, the VCDR specifically notes that legitimate functions of the mission include “scertaining by all lawful means conditions and developments in the receiving State, and reporting thereon to the Government of the sending State”. In addition, it prohibits the premises of the mission from being used “in any manner incompatible with the functions of the mission” as these are laid down by the VCDR or in any other relevant international legal rules. Article 41 of the Vienna Convention on Diplomatic Relations (VCDR) provides that “it is the duty of all persons enjoying to respect the laws and regulations of the receiving State”.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |