Position in Third States

Abstract

A diplomatic agent may at times find himself sojourning in the territories or a state other than the state or states to which he is accredited. This usually happens when he is travelling through the territory of a state in proceeding to his post or whilst returning home on leave or upon termination of his mission. A diplomatic agent, who is accredited to more than one state, may have to traverse the territories of third states in travelling between one post and another. The question arises as to whether in such circumstances a diplomatic agent is entitled to be accorded any immunities and privileges by the third states in whose territory he may be sojourning. In the state to which he is accredited, international law guarantees to a diplomat the inviolability of his person as well as immunity from the civil, criminal, and administrative jurisdiction of the state in addition to various fiscal immunities and privileges for the reason that such immunities and privileges are essential for the effective functioning of his mission and to ensure against the risk of local interference. But in a third state, a diplomat has not to fulfil arty functions pertaining to his mission; consequently it could not be said that immunities and privileges are necessary in third states on the basis of functional necessity. Nevertheless, it seems to be clear that a diplomat in proceeding to his post through the territories of other states, or in travelling through such territories whilst proceeding from one post to another is doing so in the course of his official functions as a diplomatic agent with a view to enable him to exercise the right of legation on behalf of his home state.