Immunity from Sate Jurisdiction

Immunity from Sate Jurisdiction

International law specifies that 'the jurisdiction of a state within

its territory is complete and absolute'[1]. However, it is identified

that certain categories of persons and bodies acting in the public

interest are entitled to immunities and privileges from the exercise

of the State jurisdiction.

In April 1984 WPC Fletcher, a British policewoman was killed, as a

result of shots being fired from the Libyan Bureau. The incident

created great anger and it was asked by many as was whether the Libyan

diplomats were immune from being tried in the United Kingdom courts

and the abuse of such privilege granted to diplomatic persons. This

also prompted the British Foreign Secretary to review of the Vienna

Conventions[2], which grants such immunities.

As a result of this the Foreign Affairs Committee[3] had compiled a

report, following this initial report, the United Kingdom Government

produced a White Paper[4]. The main objective cited in the paper was

to reduce the abuse of the diplomatic immunity and the privileges that

came with it.

In response to the detailed recommendations made by the Foreign

Affairs Committee, the Government stressed that any attempts at trying

to make amendments to the Vienna Conventions was fraught with

difficulty, instead the need to apply the Convention in a firm manner

was more realistic[5]. It was further stated that the new policies to

restrict the abuse of immunities would be more appropriate.

The Government's conclusions included, that it was ready to 'scan bags

and to record their weight and size where there are specific grounds

for doing so but as a matter o...

... middle of paper ...

... Dixen, M. Textbook on International Law, BlackdStone Press,

London, 1997, pg 121.

[2] Vienna Convention on Diplomatic Relations 1961. Hereafter referred

to as the Convention.

[3] The Abuse of Diplomatic Privileges and Immunities: Recent United

Kingdom Experience (1985) 79 AJL 641.

[4] CMD.9497,MISC.NO.5 (1985).

[5] Higgins, R. UK Foreign Affairs Committee Report on the Abuse of

Diplomatic Immunities and Privileges: government response and report

80 A.J.I.L (1986) pg 135.

[6] Para 53&56 of white Paper CMD.9497, MISC.NO.5 (1985).

[7] Para 67-71 of white Paper CMD.9497, MISC.NO.5 (1985).

[8] Vienna Convention on Diplomatic Relations 1961.

Hackworth, Digest of International Law, (1943), Vol.5, Pg 471-472.

[10] Article 15 of the Vienna Convention.

[11] Article 31(1) of the Vienna Convention.