The Protection of Diplomatic Personnel

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ISBN: 9780754623526 | 0754623521
Cover: Hardcover
Copyright: 6/28/2006

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In light of the considerable growth in persons having diplomatic status and the subsequent increase in attacks on diplomatic personnel, this book provides an in-depth examination of the legal and non-legal regimes directed towards the protection of diplomatic personnel around the world. It focuses in particular on recent developments in international law relating to the prevention of terrorism and the development of international criminal law.

Table of Authorities

vii

Preface

Chapter 1: The Nature of the Problem

(16)

1.1 Inviolability and the Special Duty of Protection

(2)

1.2 Attacks on Diplomatic Personnel 1961-1979

(5)

1.3 The Tehran Hostage Crisis 1979

(1)

1.4 The Beirut Embassy Bombings and the Inman Report

(1)

1.5 Attacks on Diplomatic Personnel Since 1980

(3)

1.6 The East African Bombings and the Crowe Report

(1)

1.7 The Threat to Diplomatic Personnel – An Overview

(1)

1.8 Diplomatic Personnel as Targets – A Continuing Problem

(2)

Chapter 2: The Scope of the Work

(12)

2.1 The Concept of Diplomatic Personnel

(1)

2.2 Other Diplomatic Representatives of States

(2)

2.3 Consular Representatives of States

(2)

2.4 High-ranking State Officials

(4)

2.5 Other Representatives of States

(1)

2.6 Officials of International Organisations

(2)

Chapter 3: Historical and Theoretical Perspectives on the Protection of Diplomatic Personnel

(33)

3.1 Antiquity to the Middle Ages

(8)

3.2 The Renaissance

(4)

3.3 The Development of a Theoretical Framework: Representative Character and Exterritoriality

(4)

3.4 The Development of the Special Duty of Protection

(3)

3.5 Emergence of the Functional Necessity Theory as the Dominant Theoretical Justification

(5)

3.6 The Codification of Diplomatic Privileges and Immunities

(4)

3.7 The Creation of a Universal Diplomatic Law

(5)

Chapter 4: The Law Providing for the Protection of Diplomatic Personnel

(37)

4.1 The Vienna Convention on Diplomatic Relations 1961

(9)

4.1.1 The Protection of Mission Premises

(2)

4.1.2 The Protection of the Diplomatic Agent

(4)

4.2 The Vienna Convention on Consular Relations 1963

(5)

4.2.1 The Protection of the Premises of the Consular Mission

(2)

4.2.2 The Protection of Consular Officers

(3)

4.3 Case Study of Protection under the Vienna Conventions: The Tehran Hostage Case

(11)

4.4 The Implementation of the Special Duty of Protection in Practice

(4)

4.5 Case Study: The United States of America

(7)

4.5.1 The Inman Report

(4)

4.5.2 The Omnibus Diplomatic and Anti-Terrorism Act 1986

(1)

4.5.3 The Crowe Report

(2)

4.6 Chapter Summary

(1)

Chapter 5: The Prevention and Punishment of Crimes Against Diplomatic Personnel

(30)

5.1 The OAS Convention to Prevent and Punish the Acts of Terrorism Taking the Form of Crimes Against Persons and Related Extortion that are of International Significance 1971

(4)

5.2 The UN Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents 1973

103

(10)

5.3 Case Study: The Prosecution of the East African Embassy Bombings

113

(15)

5.3.1 United States v Bin Laden

114

(11)

5.3.2 The British Extradition Cases

125

(3)

5.4 The Relevance and Effect of the 1973 Convention

128

(1)

Chapter 6: Protecting Diplomatic Personnel in an Age of Terror – The Necessity of a Multi-facteted Approach

129

(18)

6.1 International Measures Dealing with the Problem of Terrorism

130

(4)

6.2 The International Convention for the Suppression of Terrorist Bombings 1997

134

(2)

6.3 The Proposed Comprehensive Terrorism Convention

136

(2)

6.4 The Role of the United Nations Security Council

138

(6)

6.4.1 The UN Reporting Mechanism on Measures to Enhance the Protection, Security and Safety of Diplomatic and Consular Missions and Representatives

139

(5)

6.5 Is There a Role for the International Criminal Court?

144

(3)

Chapter 7: Conclusions

147

(4)

Annex 1

151

(8)

Annex 2

159

(16)

Annex 3

175

(4)

Annex 4

179

(5)

Bibliography

184

(7)

Index

191

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The Protection of Diplomatic Personnel

Summary

Table of Contents

Supplemental Materials