Jump to ContentJump to Main Navigation
Diplomatic Law in a New Millennium$
Users without a subscription are not able to see the full content.

Paul Behrens

Print publication date: 2017

Print ISBN-13: 9780198795940

Published to Oxford Scholarship Online: August 2017

DOI: 10.1093/oso/9780198795940.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 14 December 2019

The Personal Inviolability of Diplomatic Agents in Emergency Situations

The Personal Inviolability of Diplomatic Agents in Emergency Situations

Chapter:
(p.75) 6 The Personal Inviolability of Diplomatic Agents in Emergency Situations
Source:
Diplomatic Law in a New Millennium
Author(s):

Paul Behrens

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198795940.003.0006

Personal inviolability is one of the oldest rights of diplomatic agents and is often considered to be at the root of diplomatic immunity. The wording it received in the Vienna Convention does not allow for any exceptions. But the absolute nature of the right can lead to difficulties—especially in situations in which diplomats themselves cause a danger to the general public or particular individuals. This chapter explores potential inroads under international law into the concept of inviolability and thus discusses the applicability of self-defence, necessity, and distress in situations of emergency. It also raises the question whether the human right to life imposes certain obligations on the receiving State which are capable of limiting diplomatic inviolability. In a concluding section, the chapter reflects on the justifications which are particularly likely to carry validity in situations marked by a need to deal with dangers arising from diplomatic actions.

Keywords:   diplomatic inviolability, necessity, distress, self-defence, right to life, jurisdiction, State responsibility, circumstances precluding wrongfulness

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .