Consular Immunities Research Articles

Murder of Jamal Khashoggi: An International Law Perspective

The assassination of Jamal Khashoggi, a prominent Saudi Arabian journalist, inside the consulate of Saudi Arabia in Istanbul, Turkey, was sure to raise alarms in the international community. The murder was further scandalized as speculations arose about the involvement of the Crown Prince of Saudi Arabia and investigations revealed gross violations of public international law principles. This paper analyses the limits of consular immunity and the inviolability of consular premises. Further, the violation of the territorial sovereignty of Turkey is in question. It is argued that Turkey as a host country could have prevented the incident, as it was not faced with a conflict of norms because harmonious interpretation of the relevant norms was possible in this instance. An international crime of this magnitude requires the determination of the individual criminal responsibility of the Crown Prince, and a condemnation in the international community. This study is aimed at examining the major international law issues for this incident, that took place in broad daylight, under the garb of consular immunity, against a civilian in protected premises.

Solusi Perselisihan Konsulat Jenderal dan Kedutaan Besar Amerika Serikat di Indonesia dengan Staf Warga Negara Indonesia

Indra Taufiq, an Indonesia citizen, a former local staff working for the United States of America Consulate General in Medan, brought an appeal to the Indonesian Supreme Court to the United States of America Consulate General in Medan and its embassy to pay Indra Taufiq’s termination of employement rights. Although the verdict of the cassation was won by Indra Taufiq, the consulate general and the embassy of the United States of America refused to carry out the court's verdict on the grounds of diplomatic immunity. This is a legal issue that should be reviewed in terms of the perspective of international law related to the legal status of diplomatic or consular representation in Indonesia and what should be done Indonesia to protect the rights of Indonesian citizens workers.
 Keywords: Diplomatic and Consular Immunity, Dispute, Citizens

Seize diplomats smuggling ivory

One route for the smuggling of wildlife parts, such as rhino horn and elephant ivory, could be closed without the need for new international conventions or treaties (B. I. Kaaria and N. L. Muchiri Proc. 9th Int. Conf. Environ. Compliance Enforc. 204–208; 2011). Rogue diplomats must be stopped from exploiting their consular immunity to flout customs regulations and support this illicit trade. The scale of the problem is unquantifiable, but anecdotal evidence indicates that it is widespread. Diplomatic bags containing horn were reported to be evading customs checks as long ago as the 1980s (E. B. Martin Pachyderm 21, 28–34; 1996). In 2011, a South Korean diplomat was caught smuggling ivory (see go.nature.com/fuo43s). Countries could adopt the UK practice of giving full immunity only to diplomats who are accredited to that country; others who pass through British territory are subject to regular checks. Because there are few direct flights between African and Asian capitals, diplomats would run the risk of also being checked at European airports when changing flights. Apprehending diplomats carrying illegal materials would generate negative publicity, forcing countries to punish errant civil servants and reduce the problem. Immunity should not mean impunity

Jurisdictional Immunities in Contemporary International Law from Asian Perspectives 1

This study is part of a series of inquiries being made to ascertain the extent and practical usefulness of the part played by Asian nations in their individual and collective contribution to the norms-formulating functions of Asian States as members of the global community. The current paper is confined to the three areas of jurisdictional immunities in the practice of States under contemporary international law. The first part relates to Asian practice and the practice of other nations affecting Asian communities in regard to the Immunities of States and their Property from the jurisdiction of other national entities. The second part deals with the current practice of diplomatic and consular immunities, available also to ad hoc or Special Missions. The third part concerns the immunities accorded by States to international organizations or in connection with the exercise of their official functions. The final part contains concluding observations calling for meticulous care and attention to find a practical approach to the nature and extent of immunities needed and the necessity to maintain a delicate balance between the interests of the donors and recipients of immunities so as to avoid possible abuses. Asian and non-Asian nations alike are equally grantors and beneficiaries of immunities under review.

Consular Immunity: Alleged Criminal Activities of a Consular Officer

SummaryA recent decision of the Ontario Court of Justice (Provincial Division) involving criminal charges of perjury and attempting to obstruct justice against a consular officer posted in Toronto was the occasion for a comprehensive review of the scope and application of consular immunity in Canada. Contrary to the arguments presented by the attorney general of Ontario and the evidence and opinion of the secretary of state for External Affairs, Canada, the court ruled that the consular officer was immune from the criminal jurisdiction of the Court. The Court concluded that the consular officer’s actions were performed in the exerdse of consularfunctions and that while the impugned acts occurred outside the geographical consular district, the immunity was not compromised. The authors conclude that relief through diplomatic channels, rather than criminal prosecution, is the appropriate mechanism for addressing consular misconduct.

Diplomatic and Consular Immunities and Human Rights

Diplomatic and Consular Immunities and Human Rights

The Scope of Consular Immunity under the Vienna Convention on Consular Relations: Towards a Principled Interpretation

The Scope of Consular Immunity under the Vienna Convention on Consular Relations: Towards a Principled Interpretation

United States: Court of Appeals Decision in Heaney v. Spain and Gomero (Sovereign Immunity; Consular Immunity)

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Consular Immunity from Judicial Process with Particular Reference to Israel

Consular Immunity from Judicial Process with Particular Reference to Israel

Consular Immunity from Judicial Process with special reference to Israel. By Y. Dinstein. [Institute for Legislative Research and Comparative Law, Jerusalem, 1966, 89 pp. $1.50.

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Dangin v. Paturau.

Consuls — Immunities of — Immunity of Consular Records — Basis of Consular Immunities — Relevance of Reciprocity — Claim for Damages — Cause of Action arising out of Exercise of Official Duties — Refusal to Issue a Passport — Status of Person Domiciled in Local Territory as Consul for Foreign State — Conclusiveness of Statements of Executive — Recognition of Person entitled to exercise Consular Functions — The Law of Mauritius.

Federal Courts. Suits Involving Ambassadors and Consuls. Consular Immunity from Suit in State Court Held Waived by Submission to Consent Judgment

Federal Courts. Suits Involving Ambassadors and Consuls. Consular Immunity from Suit in State Court Held Waived by Submission to Consent Judgment

Landley v. Republic of Panama.

Consular Immunities — Action against Consul Acting in his Official Capacity.

Khangi v. Guthmann.

Mandates — Status of Mandated Territories — Consular Immunities in Mandated Territories.Consuls — Privileges of — Immunity from Jurisdiction in Oriental Countries — Effect of Mandate.

In re Dominici and Another.

Consular Immunity — Extraterritoriality of Consular Premises — Fiction of Extraterritoriality — Article 5 of the Italian Code of Criminal Procedure.

In re Consul of Paraguay.

Consular Immunities — Plea to the Jurisdiction — Whether Admissible at Advanced Stages of Procedure.

Consular Immunities (Austria) Case.

Consular Immunities — Duration of — Termination of Consular Office — Distinction between Immunity from Jurisdiction and Immunity from Arrest.

Consular Immunities (Motor Car Accident) Case.

Consular Immunities — Exemption from Jurisdiction — Meaning of the Term “Personal Immunity.”

De Gerber v. Municipality of Alexandria.

Consular Immunities — Honorary Consuls — Immunities in Egypt — Penal Action against such Consuls.

H. E. W. R. Landahl v. Swedish Government.

Diplomatic and Consular Immunities and Privileges — Right of Other Persons to Privileges and Immunities — Officials of the United States Shipping Board.