The recent discussion about diplomatic immunity distinguished consular immunity, which is narrower.
But how do you tell who has diplomatic status, and who has consular status? At say, the US Embassy in Mexico City, is everyone there (besides the local Mexican workers at the embassy) diplomatic? And then, at say, the US Consulate in Tiajuana, is every worker there (besides the locally hired Mexican citizens) “consular”? Or instead, is this based on job title?
Cliffy
March 18, 2009, 3:13pm
2
It’s been a long time since I took international law, but I think it’s simply whether the members of the mission are attached to the embassy or a consulate.
–Cliffy
FWIW, Wikipedia (Consul (representative) - Wikipedia ) notes that ambassadors are the representative of one head of state to another head of state, while a consul is the representative of a state to another state, whose duties are basically to represent and protect the citizens of the consul’s state in the state to which the consul is posted, and to facilitate friendship and trade between the consul’s state and the state to which s/he is posted.
Near as I can tell, diplomats and consuls have to be accredited to the host country. I assume that such accreditation would confer the appropriate status. It seems (based on the Wikipedia article cited) that one person can be accredited to another country as both diplomat and consul, and serve in both capacities. So I’d venture the opinion that it’s the credentials you’ve been given by your own country that determines your status (diplomatic, consular, or both).
Now, someone who knows better, tear me apart.
Cheers,
bcg
Here is what the Vienna Convention says:
Article 37
The members of the family of a diplomatic agent forming part of his
household shall, if they are not nationals of the receiving State, enjoy
the privileges and immunities specified in Articles 29 to 36.
Members of the administrative and technical staff of the mission,
together with members of their families forming part of their respective
households, shall, if they are not nationals of or permanently resident in
the receiving State, enjoy the privileges and immunities specified in
Articles 29 to 35, except that the immunity from civil and administrative
jurisdiction of the receiving State specified in paragraph 1 of Article 31
shall not extend to acts performed outside the course of their duties. They
shall also enjoy the privileges specified in Article 36, paragraph 1, in
respect of articles imported at the time of first installation.
Members of the service staff of the mission who are not nationals of or
permanently resident in the receiving State shall enjoy immunity in respect
of acts performed in the course of their duties, exemption from dues and
taxes on the emoluments they receive by reason of their employment and the
exemption contained in Article 33.
Private servants of members of the mission shall, if they are not
nationals of or permanently resident in the receiving State, be exempt from
dues and taxes on the emoluments they receive by reason of their
employment. In other respects, they may enjoy privileges and immunities
only to the extent admitted by the receiving State. However, the receiving
State must exercise its jurisdiction over those persons in such a manner as
not to interfere unduly with the performance of the functions of the
mission.
Article 38
Except insofar as additional privileges and immunities may be granted by
the receiving State, a diplomatic agent who is a national of or permanently
resident in that State shall enjoy only immunity from jurisdiction, and
inviolability, in respect of official acts performed in the exercise of his
functions.
Other members of the staff of the mission and private servants who are
nationals of or permanently resident in the receiving State shall enjoy
privileges and immunities only to the extent admitted by the receiving
State. However, the receiving State must exercise its jurisdiction over
those persons in such a manner as not to interfere unduly with the
performance of the functions of the mission.
Article 39
Every person entitled to privileges and immunities shall enjoy them from
the moment he enters the territory of the receiving State on proceeding to
take up his post or, if already in its territory, from the moment when his
appointment is notified to the Ministry for Foreign Affairs or such other
ministry as may be agreed.
When the functions of a person enjoying privileges and immunities have
come to an end, such privileges and immunities shall normally cease at the
moment when he leaves the country, or on expiry of a reasonable period in
which to do so, but shall subsist until that time, even in case of armed
conflict. However, with respect to acts performed by such a person in the
exercise of his functions as a member of the mission, immunity shall
continue to subsist.
In case of the death of a member of the mission, the members of his
family shall continue to enjoy the privileges and immunities to which they
are entitled until the expiry of a reasonable period in which to leave the
country.
In the event of the death of a member of the mission not a national of
or permanently resident in the receiving State or a member of his family
forming part of his household, the receiving State shall permit the
withdrawal of the movable property of the deceased, with the exception of
any property acquired in the country the export of which was prohibited at
the time of his death. Estate, succession and inheritance duties shall not
be levied on movable property the presence of which in the receiving State
was due solely to the presence there of the deceased as a member of the
mission or as a member of the family of a member of the mission.
http://fletcher.tufts.edu/multi/texts/BH408.txt
Consular is a bit different:
Article 43
IMMUNITY FROM JURISDICTION
Consular officers and consular employees shall not be amenable to the
jurisdiction of the judicial or administrative authorities of the receiving
State in respect of acts performed in the exercise of consular functions.
The provisions of paragraph 1 of this Article shall not, however, apply
in respect of a civil action either:
(a) arising out of a contract concluded by a consular officer or a
consular employee in which he did not contract expressly or impliedly
as an agent of the sending State; or
(b) by a third party for damage arising from an accident in the receiving
State caused by a vehicle, vessel or aircraft.
http://fletcher.tufts.edu/multi/texts/BH444.txt
For the purposes of the present Convention, the following expressions
shall have the meanings hereunder assigned to them:
(a) “consular post” means any consulate-general, consulate,
vice-consulate or consular agency;
(b) “consular district” means the area assigned to a consular post for
the exercise of consular functions;
(c) “head of consular post” means the person charged with the duty of
acting in that capacity;
(d) “consular officer” means any person, including the head of a consular
post, entrusted in that capacity with the exercise of consular
functions;
(e) “consular employee” means any person employed in the administrative
or technical service of a consular post;
(f) “member of the service staff” means any person employed in the
domestic service of a consular post;
(g) “members of the consular post” means consular officers, consular
employees and members of the service staff;
(h) “members of the consular staff” means consular officers, other than
the head of a consular post, consular employees and members of the
service staff;
(i) “member of the private staff” means a person who is employed
exclusively in the private service of a member of the consular post;
*Id. *