June 3, 2021 - The seventh article in the series, Friends of Croatia: Diplomatic Immunity brings you more details on diplomatic immunity, its boundaries, and examples of exceptions in accordance with the International Vienna Convention on Diplomatic Relations. Details on how the sentry Ministry of Foreign and European Affairs, are included too.

Being a diplomat isn't bad at all. You get to travel and explore the country you are assigned to, experience the new culture while promoting your own. Additionally, you work on improving bilateral relationships and contributing to the dynamic of the geopolitical scene (hopefully for the better).

Earlier in the series, there was an article dedicated to the key terms of diplomacy. But, there is one more thing that is worth giving special attention to: diplomatic immunity.
You probably might be thinking that means exemption from legal prosecution, and you are kinda right. But that doesn't just mean you can just do whatever you want, and law-abiding behavior is, of course, one of the needed characteristics to fit the job description.

In fact, the International Vienna Convention on Diplomatic Relations from 1961 has very clear instructions.

„The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State (a State in which the diplomat is based) shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity“, says article 29 of the Vienna convention. Its also worth adding that the same protection applies for his/her private residence, as well as papers and correspondence, and the diplomatic agent is also not obliged to give evidence as a witness.

But, for not everything to be all benefits and no responsibilities, article 31, despite repeating that „ a diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State and that diplomatic agent „shall also enjoy immunity from its civil and administrative jurisdiction“ – he lists exception. Such as in the event of a real action relating to private immovable property situated in the territory of the receiving State, (unless he holds it on behalf of the sending State for the purposes of the mission) or in the case of an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State and finally, in the event of an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.

Additionally, „the immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State“.

                                                                                            Ministry at your (diplomatic) service

With the Croatian Ministry of Foreign and European Affairs already stating for this series that they take diplomatic relations very seriously, they respect the convention, and their Diplomatic Protocol Office is here to help. As evident in their protocolar guide, they have an entire section dedicated to privilege and immunity.
„Diplomatic missions and international organizations accredited in the Republic of Croatia notify the Ministry of Foreign and European Affairs, to the Diplomatic protocol arrival of the (diplomatic) mission, attaching the diplomatic note, and the copy of the passport that will be notified“, states the guide in respects to the International Vienna Convention on Diplomatic Relations. The guide adds that when stepping on duty, the Diplomatic protocol will have a view in the passport of a notified person, and it will place a stamp with the following content that will confirm the passport was reviewed by the Ministry. Along with the date and signature to match. This leads to issuing a special identity card that then allows entering the Republic of Croatia without a visa.

„The special ID is issued to the members of missions and consulate offices, members of the UN organizations, and other specialized UN institutions, members of international organizations accredited in the Republic of Croatia, as well as members of their families or members of the shared household and members of private service“, elaborated the guide.

With the aforementioned documents, to get the ID, diplomats must also provide their photos and fill in a questionnaire which can be downloaded from the guide.

Diplomatic protocol questionnaire/screenshot, Total Croatia News

To read more from the series "Friends of Croatia", follow TCN's dedicated page.

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